State v. School Dist. No. 1
| Decision Date | 23 February 1898 |
| Citation | 143 Mo. 89,44 S.W. 720 |
| Parties | STATE ex rel. SAYERS v. SCHOOL DIST. NO. 1, TOWNSHIP 28, RANGE 20, IN GREENE COUNTY, et al. |
| Court | Missouri Supreme Court |
Appeal from circuit court, Greene county; James T. Neville, Judge.
Mandamus proceedings, on relation of John L. Sayers, against school district No. 1, township 28, range 20, in Greene county, and others. Judgment for defendants. Relator appeals. Transferred to St. Louis court of appeals.
Massey & Tatlow, for appellant. W. G. Robertson, for respondents.
This case must be transferred to the St. Louis court of appeals. Our jurisdiction has not been questioned, but it appears, we think, upon the face of the record, that this court has no right to entertain and pass upon this appeal. The question of jurisdiction, therefore, cannot be ignored. This is a proceeding by mandamus. An alternative writ was issued May 29, 1895, upon application of relator, John L. Sayers, by the judge of the circuit court of Greene county, in the vacation of said court. The respondents appeared upon the return day, and upon their motion said writ was quashed, and final judgment entered for defendants. This appeal is prosecuted from that judgment. A short summary of the grounds upon which the proceedings by the relator are based will sufficiently indicate our reasons for the disposition of the case hereinbefore announced. It is stated in the alternative writ of mandamus that the relator was the owner of about one acre of land in Greene county, which is therein described; that on the 17th day of October, 1873, he conveyed said land to certain persons for the use in common of school district No. 1, township 28, of range 20, of Greene county, and the Pleasant Divide Cumberland Presbyterian Church; and that it was provided by the deed that, whenever said land should cease to be used for school and church purposes for the period of seven years, it should revert to the relator herein. It was further averred that said church had ceased to use the same for four years or more before the condemnation proceedings hereinafter mentioned, and that, at the expiration of seven years from the date of said abandonment of the property by the church, the relator, by the terms of said deed, would become entitled to the possession thereof. It is then charged that the school district desired to build a new school house, and, as its officers knew the conditions and provisions of said deed, proceedings were begun...
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