Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1862-12-18

Mineral Point, claims, that the potent
ISSUED to Hoard, Dcrfing and Lindsay,
contained any express condition, where
by, the title which one vested, would
revert. Had this been 50 (Which it was
not) the condition Of the city, would be
none the Better; because, upon the hap
p.ning Of the specified event, the title
J would 90 back to the United States,
and not to- the city. The title could
not revelt to person, or body who
never had the tide Nor is there any
pretence, that there was any express
limitation or restriction imposed upon
the use of the property, or az to the dis dis
position thereof. Conditions, limitations
and re. t.ictions are never presumed
to real estate titles. There must be
Eexpressed-or theysdo- not exist. Stat
utory titles and conveyances come within
this rule
The conditions, use, limitation CT
restriction must be found on the face
Of the statute, if not carried into the
instrument employed for transferring the
title. and which became the evidence OF
title.
There being no condition, use, linn
itation or restriction, expressed, either
in the acts Of Congress, Gas to this square
of ground) or in the patent, it follows,
that the title, both legol and equitable,
passed from the United States to the
County of Iowa, through Hoard, Derr-
ing and Lindsay The County of Iowa
in it's corporate capacity can appropriate,
or make such disposition Of the property,
by lease, sale, or otherwise as it sees fit;
and to the same extent that an individ-
ual can, of his estate.
The County having the title to this
property it follows that Hoard, Lindsay
;nl Derring and their heirs have not,
and never have had. This however,
only follows, in case my construction of
the Territorial Statutes Of 1889, is cor
rect.
If that construction is erroneous, then
| -
Hoard, Dcrring and Lindsay, held the
dry legal title to the premises; and their
heirs could acquire nothing more, by
F, descent, or bequest But, this leg |
title was, or is heldin trustfor the County,
and in subordmdton to the equitable
| title of the County. The County by
suit can compel them, by proper instru
ment Of conveyance, to convey it this
legal title.
Ny opinion therefore is, that Iowa
County has the legal title tosthis Court
House square, untramelled with condi-
tions, limitations, or specified uses.
|
If however, the opinion is not well
founded in law; then, beyond doubt,
the County has,the equitable title;7~~and
the legal title is held by Hoard, Derring
Lindsay, or their heirs, in subordination
to this equitable title, and subject to be
conveyed to, when desired by the County.
am not unmindful Of the fact, that
Hon. Moses NJ Strong has given an
i opinionthe reverse Of the view which |
have taken of the question. | have
carefully considered that opinion, and
have arrived at the conclusion that his
premises are assumed, instead of being
facts ); and that, therefore, his reasoning,
however marked by ability must fail.
His premises are 1st, That this public
square was granted for public use. "a,
That this square was, by the act OF Con-
gress reseroed from sale for public use.
can find no such thing in the act OF
Congress; but the very reverse, as l
have tried to show.
JAMES II. KNOWLTON.
Counsellor at law.
February 6, 1862.