Mott v. Morris
Supreme Court of Missouri
Appeal from Clark Circuit - Court. — Hon. Charles D. Stewart, Judge. (1) This is not a case where the property is conveyed for charitable purpose leaving the courts to say how far the title to the property is restricted by its having been donated for that purpose. The grantor conveyed the property by warranty deed and by a-clause in the deed, specified the restriction he placed upon the transfer of the title and it is this clause the court is called upon to construe.
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Appeal from Clark Circuit - Court. — Hon. Charles D. Stewart, Judge. (1) This is not a case where the property is conveyed for charitable purpose leaving the courts to say how far the title to the property is restricted by its having been donated for that purpose. The grantor conveyed the property by warranty deed and by a-clause in the deed, specified the restriction he placed upon the transfer of the title and it is this clause the court is called upon to construe. The clause was to prevent either of the two churches from conveying its undivided half interest in the property for other than…
1Opinion of the CourtLamm, J.
The case is this:
Charitable Use. In 1881 Mr. Cooper and his wife executed two deeds, for expressed nominal considerations, to‘ five named individuals as “party of the second part,” described therein as “trustees for the Methodist Episcopal Church of Wayland City and the Protestant Methodist Church of Wayland City, Clark county, Missouri.” These deeds conveyed one lot and part of another in that village, and ran to the named trustees and their “successors and assigns.” The habendum held the usual covenants • of warranty, covenanting to “warrant and defend the title to the said premises unto…
2Cases cited10 opinions
- Lackland v. WalkerSupreme Court of Missouri · 1899
- Hadley v. ForseeSupreme Court of Missouri · 1907
- Haydon v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Studdard v. WellsSupreme Court of Missouri · 1894
- Women's Christian Ass'n v. Kansas CitySupreme Court of Missouri · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- United States v. CarmackSupreme Court of the United States · 1947
- Mallinckrodt v. CommissionerUnited States Tax Court · 1943
- Koehler v. RowlandSupreme Court of Missouri · 1918
- Dickey v. VolkerSupreme Court of Missouri · 1928
- Burrier v. JonesSupreme Court of Missouri · 1936
16 more not listed; retrieve them via the Exa API.