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

/. ton could be maintained against them,
either by the United .states,-tthe City
3 of Mineral Point, or by any other body
or person Yet the action could be
ma ntained, in case such expenditure
would be diversion of the fund lae.
No proposition Of law is better settled,
than the one, that trustees are person
ally liable, if they misapply, or divert
the trust fund from the purposes for
which they received it, The fact, that
for such an expenditure OF. the fund, Gin
'the supposed case) no suit can be main
!. tanned against the trustees, shows that
the money was paid out as directed by
the donor-the United States. The
-(ity has no right to complain of any
such expenditure Tne fund was not
the money Of that corporation, nor OF
any Of its inhabitants. Nor has that
corporation, or its predecessor the town
ever parted with any consideration, IN
money, OF other thing of value, for any
interest in this square Of ground, or in
this residue fund.
Mineral Point, as municipal corpor-
alton, could only require an interest in,
or title to, this square Of ground, by
purchase, grant, gift, or bequest This,
it obviously, has not done. Not having
ac ,uircd any title or interest, therein,
in either OF these ways, it is clear, that
it has no title, and that it never had
any title, or evident, thereto, or therein,
whether legal or equitable.
Having no title, or interest, it can
main 10 action nor can it sustain
any defense, in any suit involving the
question Of title, or right to this tract
hot land.
70 do either, it is material, that tho
City should have either legal or eq-
u.tablc title or intercstin the premises,
This disposes Of the first point.
The second and third propositions will
now bQ considered.
Upon familiar and well settled prin+
5le8, the County Of Iowa, having fur
nished the money with which to purchase
the "Court House square, it would be
the equitable owner Of the premises,
although patented to Hoard, DcrFing
and Lindsay.
! This would be resulting trust, Hoard,
Dorring and Lindsay, would be vested
with the dry title, but they would hold
it in trust for the County, This trust
y the County could enforce eatany tine
BY compelling Hoard, Dcrring and Lind
, say, or their heirs to convey the legal
title direct to the County These per
sons.haye in part executed that crust
IL Lta .aEere) hy-passiaee--the pos
session of the land to the County; o.
rather allowing the County to retain
without let, or molestation the posses.
sion which it then had, and which fol
some years it had enjoyed as@}
4 This view is taken, VI on the suppo
sition, that the law upon the subject 9
4 titles and trusts is the same, between
county and individuals, as between mar
and man. This however is, or was not
the fact. BY section two page lO2 o.
Revised Statutes Of 1889, it is declared
that CAL real and personal estate here,
tofore conveyed, or which shall here
after be conveyed BY any form of con
veyance, and duly acknowledge, and re
corded to the inhabitants of any county
or TO the county treasurer, or to any
committee or to other persons, for the
use and benefit of such county, shall be
deemed to be the prosperity of such
county; and all such conveyances shall
have the same force and effect, as if they
had been made to the inhabitants of such
county by their respective corporate
names" The fact that the patent was
made TO Hoard, Derring and Lindsay
IS county commissioners, and to theil
successors. instead of to their "heirs a'to
assigns, shows that the title was cen
veyed for the use Of the County.
The next section provides that tht
county commissioners, or other public
ofIieers.may appoint agents to sell anc
convey any lands owned by the county
i This statute has continued to thi
time in full force.
!. By force Of this statute, the Count,
Of Iowa was, and is vested with the entir'
~ 7 I Al