Miller v. Village of Brookville

This unfortunate controversy results from a number of inadvertences in the transfer of the land described in the plaintiffs’ petition.

On October 8,1936, Elgar and Elizabeth Weaver “in consideration of one dollar ($1.00) and other valuable considerations” deeded the tract to the village of Broolcville forever for use in perpetuity as a public park. That dead contains no forfeiture or reversion clause.

The village received and accepted the deed and took possession of the land for park purposes. The citizens of the village made continuous use of the park as such. Then a year and a half later the…