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KELLEY v. CITY OF COCOA

No. 293.

188 So.2d 862 (1966)

Helen Fish KELLEY and Marie Fish Sharpe, Appellants, v. CITY OF COCOA, Florida, a Municipal Corporation, et al., Appellees.

District Court of Appeal of Florida. Fourth District.

July 25, 1966.

Attorney(s) appearing for the Case

French C. Davis, Daytona Beach, and Homer C. Conkling, Jr., Titusville, for appellants.

Edward L. Trader, Melbourne, for appellee Board of Public Instruction of Brevard County.

George Ritchie, Cocoa, for appellee City of Cocoa.

SMITH, Chief Judge.

Appeal was brought by the plaintiffs from a summary final decree in favor of the defendants.

The appellants are the sole heirs at law of deceased grantors who, in 1911, conveyed certain real property to the City of Cocoa. The deed contained the following clause:

"Said described land to be used only for public park purposes by the Town of Cocoa otherwise to revert to grantors or their assigns."

The deed was accepted and...

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