Papst v. Hamilton

SMITH, C.

Appeal by the defendants from a judgment for plaintiff on demurrer to the complaint. The complaint alleges the ownership of certain land by the plaintiff, December 8, 1882, and the execution by him of a deed, of that date, to the defendants, and others now deceased, conveying to them, “as joint tenants, with right of survivorship as such, and not as tenants in common,” etc., the land mentioned, “upon the conditions, however, that the premises shall be used solely for the purpose of erecting, furnishing, keeping, and' maintaining thereon an academic or collegiate school for the…