McVean v. City of Elkins

Rose, President:

By deed dated September 15, 1893, Senator Henry G. Davis and Kate A. Davis, his wife, conveyed to the City of Elkins, a municipal corporation, a parcel of land referred to as “containing about 9 acres, and being the parcel of land called the Park.”

The consideration set out in the deed is “the sum of one dollar in hand paid, and the other considerations hereinafter mentioned and particularly specified to be observed and kept on the part of the said party (City of Elkins) of the second part.” It is agreed, however, that the conveyance was a donation, no consideration, in fact,…