State ex rel. Board of Education v. County Court
Supreme Court of Missouri
Appeal from Wayne Circuit Court. — Hon. John GL Wear, Judge. (1) Tlie lands embraced in the contention here were granted by the United States to this state by act of congress. 9 U. S. Stat. At Large, p. 519. The trust, thus created, is a personal trust reposed in the public faith of the state, and is not a property trust fastened by the terms of the grant upon the land itself.
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Appeal from Wayne Circuit Court. — Hon. John GL Wear, Judge. (1) Tlie lands embraced in the contention here were granted by the United States to this state by act of congress. 9 U. S. Stat. At Large, p. 519. The trust, thus created, is a personal trust reposed in the public faith of the state, and is not a property trust fastened by the terms of the grant upon the land itself. Dunklin County v. District Court, 23 Mo. 449. Therefore, the proviso in section two of the act rei'ered to: “ That the proceeds of said lands, whether from sale or by direct appropriation in kind, shall be applied,…
1Opinion of the Court
Babulay, j.
— By this suit plaintiff seeks to set aside a contract made in 1882 between the county court of Wayne county and the Cape Girardeau and Southwestern Railway Company in relation to a tract of swamp land.
The substance of the transaction is that the lands in dispute were to be sold to the company in consideration of the execution by it of a plan for reclaiming *365them ( at an expense equal to $1.25 per acre of the lands) by the erection of a levee and drains across Mungo swamp to the St. Francois river in Wayne county. The form by which this result was reached embraced a sale of the…
2Cited by5 opinions
- Simpson v. Stoddard CountySupreme Court of Missouri · 1903
- Cape Girardeau Southwestern Railway Co. v. HattonSupreme Court of Missouri · 1890
- State ex rel. Lehner v. FullertonSupreme Court of Missouri · 1898
- Dodd v. GuiseffiMissouri Court of Appeals · 1903
- Smith v. H. D. Williams Cooperage Co.Missouri Court of Appeals · 1903