Legal Opinion

Buck v. City of Macon

Mississippi Supreme Court

Decided November 15, 1904PublishedCited by 2 opinions

From the chancery court of Noxubee county. Hon. James F. McOoon,, Chancellor. Buck and others, appellants, were complainants in the court below; the city of Macon, the appellee, tvas defendant there. From a decree sustaining a demurrer to the bill complainants appealed to the supreme court.

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From the chancery court of Noxubee county. Hon. James F. McOoon,, Chancellor. Buck and others, appellants, were complainants in the court below; the city of Macon, the appellee, tvas defendant there. From a decree sustaining a demurrer to the bill complainants appealed to the supreme court. The bill alleged that complainants are the heirs of David Buck, who owned the land„in controversy; that their ancestor, on the 25th day of May, 1844, executed a conveyance to the trustees of township 15, range 1Y, on which the city-of Macon is located, conditioned that it was for the use of a school, and…

1Opinion of the CourtCalhoon, J.

This record is based on a bill'of appellants to remove an alleged cloud from their title, which title they ground on a forfeiture of a condition in a conveyance by their ancestor to school trustees, by reason of which forfeiture they say the title to the lot reverted to them. The forfeiture they aver was because of the abandonment of the use of the property for school purposes. The conveyance is as follows (italics ours) :

“Know all men by these presents that I, David Buck, for the consideration of one dollar to me paid in hand by William McLeod, William D. Lyles, and Iiines H. Oolbert,…

2Cases cited12 opinions

  1. Sohier v. Trinity ChurchMassachusetts Supreme Judicial Court · 1871
  2. Farnham v. ThompsonSupreme Court of Minnesota · 1885
  3. Episcopal City Mission v. AppletonMassachusetts Supreme Judicial Court · 1875
  4. Horner v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1875
  5. Curtis v. Board of EducationSupreme Court of Kansas · 1890

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3Cited by2 opinions

  1. Board of Supervisors v. NewellMississippi Supreme Court · 1952
  2. James v. Gulf Refining Co.Mississippi Supreme Court · 1949

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