Board of Regents for Normal School District No. 3 v. Painter
Supreme Court of Missouri
Appeal from Cape Girardeau Court of Common Pleas. Hon. Robert L. Wilson, Judge. Where there is a deed to a trustee for a charity, as •in this case, the property cannot be diverted by the trustee; and the grantee of such trustee takes no title. It is a limitation upon the power of conveyance, and is self-enforcing. McRoberts v. Monday, 19 Mo. App. 26. The deed to the normal is void r First. The deed to the town contains a prohibition against alienation. Second.
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Appeal from Cape Girardeau Court of Common Pleas. Hon. Robert L. Wilson, Judge. Where there is a deed to a trustee for a charity, as •in this case, the property cannot be diverted by the trustee; and the grantee of such trustee takes no title. It is a limitation upon the power of conveyance, and is self-enforcing. McRoberts v. Monday, 19 Mo. App. 26. The deed to the normal is void r First. The deed to the town contains a prohibition against alienation. Second. By virtue of the deed to the normal the intent of the grantors is frustrated and contravened, and the trust is perverted. The normal…
1Opinion of the CourtBlaoic, J.
— The plaintiff as a body corporate brought this action of ejectment to recover out lot H in the city of Cape Girardeau. The lot in question is the eighth and last parcel of land described in the following deed, dated the eleventh of September, 1820: “ Be it remembered that the undersigned heirs and legal representatives of Louis Lorimier, deceased, namely, Louis Lorimier, Daniel P. Steinback, Victor Lorimier and Thomas S. Rodney as guardian of Thomas Jefferson Rodney and Polly Rodney, for and in consideration ,of the sum of one dollar, the receipt whereof is hereby acknowledged and for…
2Cases cited4 opinions
- Warren v. MayorSupreme Court of Iowa · 1867
- Rutherford v. TaylorSupreme Court of Missouri · 1866
- Price v. ThompsonSupreme Court of Missouri · 1871
- Cummings v. City of St. LouisSupreme Court of Missouri · 1886
3Cited by17 opinions
- United States v. CarmackSupreme Court of the United States · 1947
- Yanow v. Seven Oaks Park, Inc.Supreme Court of New Jersey · 1953
- Dickey v. VolkerSupreme Court of Missouri · 1928
- Flaten v. MoorheadSupreme Court of Minnesota · 1892
- Lynch v. Commissioner of EducationMassachusetts Supreme Judicial Court · 1944
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