Question
Kinney Land and Cattle Company conveyed, by warranty deed, to the state of Kansas 790 acres of land for use as a state park. A
Kinney Land and Cattle Company conveyed, by warranty deed, to the state of Kansas 790 acres of land for use as a state park. A paragraph in the deed, called Clause of Reversion, required the state to build and maintain a lake of a minimum of 150 acres. The failure to maintain the lake caused title to revert to the grantor, successors or assigns. From 1934 to 1970, the state maintained a lake on the property, but the lake was never 150 acres in size. Shareholders of Kinney Land and Cattle have brought suit to quiet title to them in the 790 acres. Will they be given title? [Kinney v. State of Kansas and Kansas Fish and Game Commission, 710 P.2d 1290 (Kan. 1985).]
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