Legal Opinion · Dissent

Central Land Co. v. City of Grand Rapids

Michigan Supreme Court

Decided June 10, 1942No. Docket No. 25, Calendar No. 41,788Published

1DissentSharpe, J.

(dissenting.) I am not in accord with the opinion of Mr. Justice North. This is an action in ejectment and the rules of law governing such actions must control here.

I agree with Mr. Justice North that the conveyance by plaintiff was subject to a condition subsequent with right of reverter on breach of the condition. The deed contained the following condition:

“This conveyance is given upon the express condition that the two parcels of land above described shall be used solely for park, highway, street, or boulevard purposes; and if any part thereof be not used for any of such purposes, or at…

2Cases cited6 opinions

  1. Adams v. First Baptist Church of St. CharlesMichigan Supreme Court · 1907
  2. City of Hopkinsville v. JarrettCourt of Appeals of Kentucky · 1914
  3. Rowzee v. PierceMississippi Supreme Court · 1898
  4. Miller v. City of ColumbiaSupreme Court of South Carolina · 1927
  5. Hill v. Borough of BelmarSupreme Court of New Jersey · 1925

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