Roberts v. Rhodes

231 Kan. 74, 643 P.2d 116 (1982)

Facts

The land at issue was conveyed by quitclaim deed to a school district. The deeds provided that the land was to be used only for school and/or cemetery purposes, but did not state what was to happen to the land if it was no longer used for such purposes. The school district sold the land. Rhodes (D) had acquired it by mesne conveyances by the time suit was filed. Roberts (P) claimed title to the land by deed, and by reversion because the land is no longer used for school purposes. The trial court held that the land reverted when it was no longer used for school purposes, and found in P's favor. The Court of Appeals held that the deeds conveyed a fee simple to the school district, and reversed the trial court. P appeals.