Wright v. Morgan

Citations

• 191 U.S. 55
• 24 S. Ct. 6
• 48 L. Ed. 89
• 1903 U.S. LEXIS 1496

Syllabus

<p>An act of Congress entitled “ An act to enable tbe City of Denver to purchase certain lands for a cemetery ” authorized the mayor to enter the lands at a minimum price “ to be held and used for a burial place for said city and vicinity.” A patent was issued conveying the land to the “mayor in trust for said city and to his successors” which was confirmed by a later act. The Catholic Bishop of Denver petitioned the common council for a conveyance of a part of the land to him and his successors on the ground that it had been bought by him and used as a burial place. The petition was granted and the mayor made a deed .in the name of the city, the grantee being described as Bishop of Colorado, habendum to him and his heirs. Subsequently the bishop conveyed 'a part of the land' so conveyed to him which had not been used for burial purposes to defendant’s predecessor in title. A later mayor brought ejectment for this part.</p> <p>Held, that the title was not in the plaintiff.</p> <p>Semble, that the title was in the city, that it had power to convey the land and that the deed exécuted was sufficient so far as the question was open.</p>