Payne v. St. Louis County
Supreme Court of Missouri
ERROR to St. Louis Court of Common Pleas. 1. The land was granted to the State, for the use of the inhabitants of the township, for the use of schools.
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ERROR to St. Louis Court of Common Pleas. 1. The land was granted to the State, for the use of the inhabitants of the township, for the use of schools. (Act of Congress, 6th March, 1820, sec. 1, clause 1, and ordinance.) The State thus became a trustee, and could not relieve itself of the' trust by any act of its own. 2. The trust is perpetual — the use to the inhabitants of the township — not at any particular period, but at all times, the future as well as the present. 3. There being in the contract by which the trust was created no express power for the purpose, the State cannot alter the…
1Opinion of the Court
Napton, Judge,
delivered, the opinion of the Court.
This was an action of petition in debt, upon a bond given by the plaintiffs in error to the county of St. Louis, for the use of the inhabitants of township 47, range 5 East. The defendants pleaded, first, the general issue; second, that the bond was obtained by fraud; third, that the bond was executed without any consideration; fourth, that the bond was executed in .consideration of a sale made by the sheriff of St. Louis county, to the defendant, Payne, of land in said county, at public auction, by virtue of an order of the County Court, and…
2Cited by3 opinions
- Mayers v. ByrneSupreme Court of Arkansas · 1858
- State ex rel. St. Louis County v. BonnerMissouri Court of Appeals · 1877
- State Ex Rel. School District v. DavisSupreme Court of Missouri · 1951