Peters v. East Penn Township School District

126 A.2d 802 (1956)

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Nature of the Case

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Facts

By a deed of November 9, 1893, James of whom P is an heir, conveyed the property in question to the D. The habendum clause of the deed provides: 'To have and to hold the said piece of ground, and appurtenances, to the School District aforesaid, and its assigns as long as it is used for public school purposes.' The warranty clause provides that the grantor will warrant and defend the premises to the school district 'as long as it is used for public school purposes.' D no longer used the property for school purposes. D has instituted separate proceedings for the purpose of selling the property to a prospective buyer to whom it desires to give a fee simple title. P contends that the words 'as long as it is used for public school purposes' created 'a base fee determinable,' and that, since the property is no longer used for the stated purpose, the land has reverted. D contends that these words express only a purpose for which the conveyance was made and that they are not a limitation on the title. The trial court ruled for D and P appealed.