Ink v. City Of Canton

4 Ohio St.2d 51, 212 N.E.2d 574 (1965)

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Nature of the Case

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Facts

In 1936, the descendants of Henry Ink conveyed land to the city of Canton (D) to use only as a public park. A second deed was given in 1941 to correct the description of the land, but otherwise, the two deeds were substantially identical. A habendum clause stated that the land was for the use and purpose of a public park, but for no other use or purposes whatsoever. If the land failed to be used as a park, it would be forfeited and revert to the grantors, heirs, successors, and assigns. The state appropriated highway easements across the land, giving D $130,822 for its interest in the property. Ink (P), a descendant of the grantor, claimed that when the property was taken by eminent domain, it should revert to the grantor. The trial court and the court of appeals held that P had no interest in either the money or the remaining property. P appealed.