Gage v. City of Topeka

The opinion of the court was delivered by

Harman, C.:

This action seeks recovery of land by way of reverter because of alleged violation of restrictive covenants contained in a deed of conveyance.

Plaintiffs appeal from summary judgment rendered against them and in favor of the defendants, the city of Topeka and its officers. The parties concede only a question of law was presented to the trial court, the facts not being at issue.

In 1899 the city of Topeka accepted an eighty acre tract of land given it by the heirs of Guilford G. Gage for the purpose and on the condition, that it should be used…