Bailey v. City of Topeka

The opinion of the court was delivered by

MASON, J.:

The city of Topeka accepted a tract of land given to it for the purpose, and on the condition, that it should be used as a public park, “for the benefit of the health, comfort, and recreation of the citizens of Topeka and their friends, and such other orderly persons as may resort thereto.” The deed of gift contained a provision that “said real estate shall be inalienable by said city of Topeka, either by way of deed, conveyance, lease, or in any other manner, and shall be forever held and used for the purposes aforesaid.” Luther C. Bailey,…