City of Jefferson v. Trustees of Martin Institute

Atkinson, Justice.

(After stating the foregoing facts.)

The first question for consideration is the ruling of the court sustaining the general demurrer to count 2 of the plaintiffs’ petition. Whether the allegations relating to dedication, which are substantially the same as those contained in the first count, are sufficient to set forth a cause of action for the realty or the proceeds of the insurance policies, need not, in view of the ruling hereinafter made, be determined. Assuming but not deciding that, standing alone, they would be sufficient, yet, the same count sets forth the terms of a…