Board of County Commissioners v. Hays

Citations

• 93 Kan. 829
• 145 P. 847
• 1915 Kan. LEXIS 32

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. County High School — Equitable Title to Site in the County —Legal Title in Trustees. Trustees of a county high school were appointed under a statute providing that they should select the best site obtainable without expense, the title to which should 'vest in the county. They selected a site, which was paid for by a popular subscription. The owner made a deed running to the trustees. An action was brought in behalf of the county, asking that it be decreed to have the full title. A decree was rendered declaring the county to he the equitable owner, but suffering the legal title to remain in the trustees. Held, that such decree should be affirmed.</p> <p>2. Same. The deed above referred to recited a part of the consideration to be “that the said county erect a building and maintain a county high school therein or revert to the original owner.” A building was erected at a cost of $28,000 in which a high school has been maintained for several years. Held, that the grantors have no longer any- interest in the property conveyed.</p>