WITHERS v. PULASKI COUNTY BOARD OF EDUCATION


415 S.W.2d 604 (1967)

Artis B. WITHERS and Janice B. Withers, his wife, Appellants, v. PULASKI COUNTY BOARD OF EDUCATION, etc., et al., Appellees.

Court of Appeals of Kentucky.

May 26, 1967.


Attorney(s) appearing for the Case

Charles C. Adams, Adams & Adams, Somerset, for appellants.

John G. Prather, Lawrence Hail, Somerset, for appellees.


CULLEN, Commissioner.

Appellants Artis B. Withers and wife, successors in title of a landowner who in 1864 deeded a parcel of land to "the citizens" of a local school district (which district later was absorbed into the county school system of Pulaski County) brought action against the county school board claiming that under the terms of the deed the school board had forfeited title by reason of discontinuance of use of the parcel for a school. The circuit court entered...

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