Legal Opinion

Goode v. McPherson

Supreme Court of Missouri

Decided October 15, 1872PublishedCited by 8 opinions

Error to Adair Circuit Court. If the use limited by deed expire and cannot vest, the use reverted back to ■ the grantor who created it. (4 Kent? 298, 126, 125; 5 Pick, 528; 11 Paige, .414; 13 Ills.? 465; 11 Ills.', 339 ; 5 Gray, 17; 5 Allen, 540 ; 21 Peck, 215.) The congregation should have built upon the lots within a reasonable time. (2 Met., 495 ; 5 Peck, 528.) The deed is not conditional and the court properly declared the law.

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Error to Adair Circuit Court. If the use limited by deed expire and cannot vest, the use reverted back to ■ the grantor who created it. (4 Kent? 298, 126, 125; 5 Pick, 528; 11 Paige, .414; 13 Ills.? 465; 11 Ills.', 339 ; 5 Gray, 17; 5 Allen, 540 ; 21 Peck, 215.) The congregation should have built upon the lots within a reasonable time. (2 Met., 495 ; 5 Peck, 528.) The deed is not conditional and the court properly declared the law. A deed in trust and confidence is not conditional. (Bacon’s Ab.-Yol. 2, p. 280.) If the title is to revert to the orginal grantor the face of the deed must show a…

1Opinion of the CourtAdams, Judge

This was an action to have the title to certain lots of land decreed to the plaintiffs.

*127The plaintiffs are heirs at laws of James C. Groode, deceased, who in A. D., 1819, conveyed to the defendants as trustees for the Methodist Episcopal Church South, and the members of such Church, the lots in dispute, in trust, to erect a church building tobe used as a place of worship, to be subject to the rules and regulations of said Church South.

A house of worship was erected on the lots, but in 1862 or 1863, the house was torn down and the materials sold, and the plaintiff’s claim that the trust has…

2Cases cited1 opinion

  1. Academy of the Visitation v. ClemensSupreme Court of Missouri · 1872

3Cited by8 opinions

  1. Lackland v. WalkerSupreme Court of Missouri · 1899
  2. Missouri Historical Society v. Academy of ScienceSupreme Court of Missouri · 1887
  3. Thatcher v. St. LouisSupreme Court of Missouri · 1934
  4. Taylor v. BaldwinSupreme Court of Missouri · 1952
  5. Crow ex rel. Jones v. Clay CountySupreme Court of Missouri · 1906

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