Jamison v. Griswold

Decision Date25 April 1876
PartiesWILLIAM C. JAMISON, Appellant, v. WILLIAM D. GRISWOLD, Respondent.
CourtMissouri Court of Appeals

In 1872 G. and wife executed a deed, conveying certain real estate to " the people of the city and county of St Louis," for the purposes of Forest Park, and declared therein that the real estate remained subject to the payment of certain Forest Park bonds, issued for the purchase money of the land conveyed. The act of 1872, establishing Forest Park, was held to be unconstitutional, and another act for the same purpose, free from constitutional objections, was passed in 1874. Under the provisions of this act, the land conveyed by G. and wife, in 1872, was taken for the use of the park, its value being fixed at $58,743, which was paid into the Circuit Court for the use of the owners of the land. Certain of these bonds had passed out of the hands of G. into the hands of J. Held, that G. was estopped to deny the validity of the bonds, and that J. was entitled to be paid therefor out of the assessed value of the land then in court.

APPEAL from St. Louis Circuit Court.

Reversed and remanded.

T C. Reynolds, for appellant, cited: Remsen v Graves, 41 N.Y. 471; Erwin v. Downs, 15 N.Y. 575; Nightingale v. Withington, 15 Mass. 272.

S. M. Breckinridge, for respondent, cited: Byles on Bills (4th ed.), 123; Story on Prom. Notes (6th ed.), 124, sec. 117; Nutwell v. Tongues' Lessee, 22 Mich. 419.

OPINION

GANTT P. J.

Under an act of the General Assembly, approved March 25, 1872, to establish Forest Park (Session Acts of 1871, adjourned session, p. 255), Leffingwell, Baker et al. were made commissioners of the park, with power (sec. 9) to obtain from the proprietors of the land within its limits, by agreement upon the price, the title to such land; and, in case of failure to agree, provision was made for obtaining the title by condemnation. By section 11 the commissioners were directed to issue their bonds, designating them as " Forest Park bonds," running for twenty years, with 7 per cent., payable semi-annually, with coupons attached, and secured on the lands so purchased or condemned by such instruments in writing as the commissioners might agree on, which should be in every instance a first lien on the land. On October 23, 1872, Griswold and wife acknowledged the execution of a conveyance, dated October 2, 1872, for certain real estate within the park, according to the provision of section 6. It recited that the grantors had agreed with the park commissioners to sell the lands, and proceeded to sell them, to the " people of the city and county of St. Louis," by the words grant, bargain, and sell, but subject to the conditions that, whereas, the commissioners, in consideration of the conveyance, had issued and delivered to Griswold certain Forest Park bonds, numbered, etc., dated, etc., said bonds being issued for the purchase money of the premises conveyed, if the bonds should be paid, then the lands should be released, but if they should remain unpaid, then the lien should be enforced in the manner provided for by the General Statutes of Missouri for the foreclosure of mortgages, deeds of trust, etc. It was further provided that, if it should become desirable, the commissioners might subject to one general lien or incumbrance all the lands in the park, for the purpose of securing all the bonds issued for the purpose of raising the purchase money.

It would appear that the bonds thus issued to Griswold were made payable to W. D. Griswold, or bearer, and that they afterwards came into the possession of Jamison. How they passed from Griswold does not appear.

The act incorporating the commissioners of Forest Park was declared to be unconstitutional in the year 1873 (54 Mo. 458, 477). In March, 1874, another act was passed, having the same title, and creating a park with the same limits that were defined in the act condemned by the Supreme Court. This last act was upheld by that tribunal.

By section 2 of this act the County Court of St. Louis county was empowered to institute proceedings to condemn for public use the land within the limits of the park, and by section 3 it was provided that, if the title to any such land should be in dispute, the Circuit Court should make any order respecting it which it deemed fit, not inconsistent with that act. Proceedings were commenced to condemn the land, against W. D. Griswold and others, and W. C. Jamison intervened, setting forth the facts before recited, and claiming that the bonds held by him were a lien on the land of Griswold; that this land had been condemned for the purposes of a park; that its assessed value, $58,743, had been paid into the Circuit Court by the County Court of St. Louis county, and praying the court to decree that the bonds held by him should be paid to him out of this fund. W. D. Griswold demurred to this claim, alleging that it did not exhibit a cause for relief, because the act of March 25, 1872, being unconstitutional and void, and the board of commissioners mentioned in it having no legal existence, the bonds issued by them were of no legal validity or value, nor capable of being secured by said deed. The Circuit Court sustained the demurrer, and gave judgment against Jamison and in favor of Griswold, and, after the usual motion, the case was brought to this court by appeal.

The statement made by appellant, which is very full and perspicuous without redundancy, is accepted as correct by the...

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