W.E. and Jennie Hutton conveyed land they owned to the Trustees of Schools of District Number One
Question:
W.E. and Jennie Hutton conveyed land they owned to the Trustees of Schools of District Number One of the Town of Allison, Illinois (School District), by warranty deed “to be used for school purpose only; otherwise to revert to Grantor.” The School District built a school on the site, commonly known as Hutton School. The Huttons conveyed the adjoining farmland and their reversionary interest in the school site to the Jacqmains, who in turn conveyed their interest to Herbert and Betty Mahrenholz. The 1.5- acre site sits in the middle of Mahrenholz’s farmland. More than 30 years after School District built the school, School District discontinued holding regular classes at Hutton School. Instead, it used the school building to warehouse and store miscellaneous school equipment, supplies, unused desks, and the like. Mahrenholz filed suit to quiet title to the school property to them. Who wins? Mahrenholz v. County Board of School Trustees of Lawrence County, 188 Ill.App.3d 260, 544 N.E.2d 128, Web 1989 Ill.App. Lexis 1445 (Appellate Court of Illinois)
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