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I. A. GARRAWAY, CHARLES GARRAWAY, and EVELYN GARRAWAY HAMILTON v. MARION YONCE

OCTOBER 11, 1989

I. A. GARRAWAY, CHARLES GARRAWAY, and EVELYN GARRAWAY HAMILTON
v.
MARION YONCE, OSCAR MIXON, JR., JOE STANCIL, LYNN LOWE, and BYRON UNDERWOOD, MEMBERS OF THE BOARD OF EDUCATION FOR PERRY COUNTY, MISSISSIPPI



BEFORE DAN M. LEE, P.J.; PRATHER AND ROBERTSON, JJ.

ROBERTSON, JUSTICE, FOR THE COURT:

I.

Today's appellants seek to renounce a conveyance of land their ancestors made to public school trustees over fifty years ago. They assert a variety of imagined defects in the instrument of conveyance, none of which have merit. The Chancery Court upheld the conveyance. We affirm.

 II.

 On or about November 12, 1935, I. A. Garraway and Mrs. I. A. Garraway executed a warranty deed conveying to "The Trustees of Oak Grove Consolidated High School and their Successors," a parcel of land described as the NW 1/4 of the SW 1/4 of Section

 19, Township 1 North, Range 10 West, Perry County, Mississippi. The deed was delivered, has been lodged of record, and on its face reflects an absolute conveyance, for valid consideration, with no reversionary clauses. The records of the Perry County Schools show that at the time of this conveyance the Trustees of the Oak Grove Consolidated High School were W. A. Hegwood, Forrest Cochran, Arthur Breland, H. I. Breland, and Charlie Herring.

 Shortly thereafter, the Trustees built a public school on the property and named it the "Janice School" . The Trustees and their successors operated the Janice School from approximately 1936 until the school was finally closed in August of 1964, as a part of a school consolidation program.

 By this time the Perry County Board of Education had succeeded to all rights, responsibilities and interests of the former Trustees of Oak Grove Consolidated High School. The county school board continued to claim ownership of the subject real property and exercised numerous acts of ownership with respect to it, including using the property to raise revenues for the school system by renting the property to various groups, cutting and selling of timber, leasing the property to the United States government, and selling various appurtenances to the property.

 Both grantors are now deceased. On August 10, 1984, Grantors' heirs, I. A. Garraway, Charles Garraway and Evelyn Garraway Hamilton commenced this civil action by filing their complaint in the Chancery Court of Perry County, Mississippi. The complaint named as defendants the five members of the Perry County Board of Education. In their complaint, the Garraways sought to have the 1935 warranty deed declared null and void, to have the property returned to them, and other relief.

 On November 6, 1987, the School Board moved for summary judgment and on November 24, 1987, the Chancery Court granted the motion, holding, inter alia, that the warranty deed at issue

 was, and is, valid in all respects, and further that said warranty deed did not contain any reverter clauses, conditions subsequent, conditions precedent, or any other language that would cause title to said real property to revert to the heirs of I. A. Garraway.

 The Court further found

 that the Perry County Board of Education is the successor in interest to the Trustees of the Oak Grove Consolidated High ...


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