Duncan v. Academy of the Sisters of the Sacred Heart at St. Joseph

COIL, Commissioner.

Appellants brought an action in the trial court for a judgment declaring that certain real estate in the City of St. Joseph had reverted or should revert to them by reason of a deed provision and, in the alternative, praying for injunctive relief. The trial court sustained defendant’s motion to dismiss and plaintiffs have appealed from the ensuing judgment.

Plaintiffs averred that they were all the living bodily heirs of Frederick and Jane Smith, who were the grantors in a deed dated January 20, 1854, which, for a consideration of $630, conveyed three acres and 26 poles of…