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CALDWELL v. BROWN

No. 75-1073.

553 S.W.2d 692 (1977)

Arthur CALDWELL and Delvia Caldwell, Appellants, v. Mae H. BROWN and Cora Weindel, Appellees.

Supreme Court of Kentucky.

July 1, 1977.

Attorney(s) appearing for the Case

Thomas B. Givhan, Shepherdsville, for appellants.

Norman R. Lemme, Pike, Lemme & Conway, Shepherdsville, for appellees.

PER CURIAM.

On November 5, 1869, J. D. Cundiff conveyed to the Louisville & Nashville Railroad one acre adjoining its right-of-way on the condition that the lot was to be used for depot purposes. The deed provided: "Said parcel of ground to revert to said party of the first part should the party of the second part at any time abandon or fail to use it for the purposes herein set forth."

The railroad company ceased to use the lot for depot purposes, dismantled...

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