Mahrenholz v. County Board Of School Trustees

93 Ill. App. 3d 366, 417 N.E.2d 138 (1981)


Huttons granted land to the school district (D). The deed specifically stated that 'this land to be used for school purposes only; otherwise to revert to Grantors herein.' The property so conveyed became the site of the Hutton School. The District held classes in the building constructed upon the land until May 30, 1973. In 1941, the Huttons then conveyed the adjoining 38.5 acres of land next to the school land to Earl and Madeline Jacqmain along with the reversionary interest that Hutton held in the school land of 1.5 acres. Jacqmain then conveyed the land and the reversionary interest to Mahrenholz (P) in 1959, and that deed also purported to convey to Ps, the reversionary interest in the school land. On May 7, 1977, Hutton's son conveyed to Ps, all of his interest in the school land. This document was filed in the recorder’s office on September 7, 1977. On September 6, 1977, the son disclaimed and released any possibility of reverter or right of entry in favor of the County Board of School Trustees (D). The school board disclaimer was recorded October 4, 1977. Ps then filed a complaint to quiet title to the school property in themselves. The trial court dismissed the complaint; the warranty deed from Hutton to the School created a fee simple subject to a condition subsequent followed by the right of entry for condition broken, rather than a determinable fee followed by a possibility of reverter. P appealed.