Hand v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. By the deed of conveyance and dedication the legal fee in the land passed to the respondent; there was no reversion or re-entry provided for in the deed; the respondent conld not lawfully divert the use of the premises from market house purposes to an ¿ngine house for the use of the fire department, and therefore the appellants have the right to invoke the aid of a court of equity to restrain the…
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Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. By the deed of conveyance and dedication the legal fee in the land passed to the respondent; there was no reversion or re-entry provided for in the deed; the respondent conld not lawfully divert the use of the premises from market house purposes to an ¿ngine house for the use of the fire department, and therefore the appellants have the right to invoke the aid of a court of equity to restrain the respondent from making any other use of the land than that for which it had been conveyed and dedicated, and to compel the…
1Opinion of the CourtValliant, J.
Plaintiff brings this suit in equity to divest the defendant city of the title which it holds to a piece of land conveyed to it by plaintiff’s father, now deceased, for a certain public use, and to vest the same in plaintiff, as her father’s devisee, on the ground that the city has diverted the property from the use for which it was conveyed and applied it to a different purpose.
The defendant demurred to the plaintiff’s petition, the demurrer was sustained, and plaintiff declining to plead further, final judgment was rendered for defendant 'and the plaintiff appeals.
The essential averments of…
2Cases cited6 opinions
- Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
- Campbell v. City of KansasSupreme Court of Missouri · 1890
- Cummings v. City of St. LouisSupreme Court of Missouri · 1886
- Goode v. City of St. LouisSupreme Court of Missouri · 1892
- Board of Regents for Normal School District No. 3 v. PainterSupreme Court of Missouri · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Dorlon v. City of SpringfieldMissouri Court of Appeals · 1992
- City of Huron v. WilcoxSouth Dakota Supreme Court · 1904
- Ingle v. City of FultonMissouri Court of Appeals · 1954
- Land Clearance for Redevelopment Authority v. City of St. JosephMissouri Court of Appeals · 1977
- United States v. Certain Land in City of Cape GirardeauDistrict Court, E.D. Missouri · 1948
3 more not listed; retrieve them via the Exa API.