Wright v. Morgan, 191 U.S. 55 (1903)

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Wright v. Morgan

No. 13

Argued October 13-14, 1903
Decided October 26, 1903
191 U.S. 55

ERROR TO THE UNITED STATES CIRCUIT COURT

OF APPEALS FOR THE EIGHTH CIRCUIT

Syllabus

An act of Congress entitled "An act to enable the 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.

Held that the title was not in the plaintiff.

Semble, that the title was in the city, that it had power to convey the land, and that the deed executed was sufficient so far as the question was open.

The case is stated in the opinion of the Court.