Commonwealth ex rel. Board of Education v. Mehler & Eckstenkemper Lumber Co.

Opinion of the Court by

Judge Clarke

Affirming’.

Under authority of subsection 27 of section 2978a, Kentucky Statutes, the Board of Education of Louisville instituted this action ag’ainst appellee, a corporation, to recover title and possession of a city lot fronting twenty-five feet on St. Xavier street, in the city of Louisville, upon the ground that same had escheated to the Commonwealth.

Section 192 of the Constitution and section 567 of the Statutes, provide in almost identical terms that no corporation “shall hold or own any real estate, except such as may be necessary and proper for…