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Fleming County Board of Education v. Hall

June 26, 1964

FLEMING COUNTY BOARD OF EDUCATION ET AL., APPELLANTS,
v.
MARTHA V. ANNA HALL, WIDOW, ET AL., APPELLEES.



Iler

ARTHUR T. ILER, Special Commissioner.

This is an appeal from a judgment of the Fleming Circuit Court construing the language of a deed as creating a "determinable fee". The judgment also held that a lien created by KRS 162.200 was only as good as the title to the property offered as security and subject to the terms of that title.

There is no controversy as to the facts which are in essence the following:

In 1925, P. G. Hall, now deceased, and his wife sold appellant, Fleming County Board of Education, land located in Flemingsburg adjacent to the public colored school and being an area which separated the white from the colored sections of town. The deed of conveyance is typical in form to deeds in general use except for the following language:

"It is also expressly agreed as a part of the consideration for the said property that it is not to be sold to anyone, white or colored for residence purposes and that the said land shall remain a part of The Colored School Property so long as the colored school is maintained where it is now located. In case this part of the consideration is violated, then and upon that contingent the property herein conveyed, together with all improvements thereon (if any) ...


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