Moberly v. City of Trenton
Supreme Court of Missouri
Appeal from Grundy Circuit Court. — Sow. J, W. Peery, Special Judge. (1) The sole consideration of the conveyance from appellant and her husband of the land in controversy was the condition that the town, now city of Trenton, should improve and forever use said lands as a public park,.which should bear the names of the donors.
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Appeal from Grundy Circuit Court. — Sow. J, W. Peery, Special Judge. (1) The sole consideration of the conveyance from appellant and her husband of the land in controversy was the condition that the town, now city of Trenton, should improve and forever use said lands as a public park,.which should bear the names of the donors. This deed unquestionably created an express condition subsequent, and the title to the property vested and remained in the city only so long as it continued to improve and forever use it as a public park, and when it ceased to do so, the title reverted to the donors,…
1Opinion of the CourtValliant, J.
The plaintiff sues to recover twenty acres of land in the city of Trenton which formerly belonged to her husband, George W. Moberly,* now deceased, and which in 1882 he conveyed to the city by deed of gift for tie purpose of making it a public park. The plaintiff, as wife, joined in the deed. Immediately following the granting clause in the deed is the following: “Upon condition that said town of Trenton shall improve and forever use said tract of land as a public *643park.” There were other requirements in the deed under that head which are not material to be now considered. Geo. W. Moberly died…
2Cases cited6 opinions
- Livingston v. TompkinsNew York Court of Chancery · 1820
- Loewen v. ForseeSupreme Court of Missouri · 1897
- Hamilton v. ArmstrongSupreme Court of Missouri · 1894
- Messersmith v. MessersmithSupreme Court of Missouri · 1856
- Towne v. BowersSupreme Court of Missouri · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Weiss v. ClabornCourt of Appeals of Texas · 1920
- St. Joseph Lead Co. v. FuhrmeisterSupreme Court of Missouri · 1944
- Robberson v. ClarkMissouri Court of Appeals · 1913
- Swofford Bros. Dry Goods Co. v. RandolphMissouri Court of Appeals · 1910