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BARREN COUNTY BOARD OF EDUCATION v. JORDAN

249 S.W.2d 814 (1952)

BARREN COUNTY BOARD OF EDUCATION et al. v. JORDAN et al.

Court of Appeals of Kentucky.

June 20, 1952.

Attorney(s) appearing for the Case

Richard L. Garnett, Glasgow, for appellants.

Brents Dickinson, Jr., Glasgow, for appellees.

COMBS, Justice.

The Board of Education filed this suit to quiet its title to a tract of land which it claims under a deed executed to its predecessor in 1891. The trial court sustained a demurrer to the petition.

The granting clause of the deed is in the usual form of a fee simple conveyance. The habendum clause is as follows:

"To have and to hold the land hereby conveyed together with the appurtenances thereon unto the said trustees and to their...

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