Thornton v. Mayor of Natchez
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Southern District of Mississippi. On July 25, 1902, M. E. Thornton and his wife, averring themselves to be the sole surviving legal representatives of William Rutherford and of William Rutherford and John P. McNeel, who in the year 1817 composed the commercial firm of William Rutherford & Co., filed their bill in the lower court, in which, inter alia, they alleged that Rutherford and McNeel in the year 1817, for the…
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Appeal from the Circuit Court of the United States for the Southern District of Mississippi. On July 25, 1902, M. E. Thornton and his wife, averring themselves to be the sole surviving legal representatives of William Rutherford and of William Rutherford and John P. McNeel, who in the year 1817 composed the commercial firm of William Rutherford & Co., filed their bill in the lower court, in which, inter alia, they alleged that Rutherford and McNeel in the year 1817, for the nominal consideration of $500, conveyed to the president and selectmen of the city of Natchez, and to their successors,…
1Opinion of the Court
PARRANGE, District Judge.
We are satisfied, after full consideration of the matter, that the grant was not made on condition subsequent. Such a condition is not favored in law. 4'Kent’s Com. marg. p. 129. Even when a provision is stated in terms to be a condition, a court will determine for itself, not from the statement alone, but from the whole deed or grant, whether a condition was really intended. In this case no condition was stated in terms. A consideration of $500 was paid the grantors, and the grant was not made purely and exclusively from motives of charity or benevolence. No…
2Cases cited7 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Stanley v. ColtSupreme Court of the United States · 1867
- Sohier v. Trinity ChurchMassachusetts Supreme Judicial Court · 1871
- Elder v. McClaskeyCourt of Appeals for the Sixth Circuit · 1895
- Episcopal City Mission v. AppletonMassachusetts Supreme Judicial Court · 1875
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3Cited by4 opinions
- Drace v. KlinedinstSupreme Court of Pennsylvania · 1922
- City of Jackson v. AshleyMississippi Supreme Court · 1940
- Soria v. Harrison CountyMississippi Supreme Court · 1909
- Laurel Hill Cemetery Ass'n v. All PersonsCalifornia Court of Appeal · 1945