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COLLINS v. CHURCH OF GOD OF PROPHECY

No. 90-159.

800 S.W.2d 418 (1990)

304 Ark. 37

William COLLINS, et al., Appellants, v. The CHURCH OF GOD OF PROPHECY, et al., Appellees.

Supreme Court of Arkansas.

December 3, 1990.

Attorney(s) appearing for the Case

Lesly W. Mattingly, Jacksonville, Ed Clawson, Conway, for appellants.

Will Feland, Cabot, for appellees.

TURNER, Justice.

On August 29, 1944, W.E. Collins executed and delivered to appellee Church of God of Prophecy a warranty deed containing the following clause:

This transfer or deed is made with the full understanding that should the property fail to be used for the Church of God, [it] is [to] be null and void and property to revert to W.E. Collins or heirs.

The appellee church, desiring to sell the property and relocate, filed this action to cancel...

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