Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1863-01-07

of .'public buildings" and also suitable
| wharves
| At Mineral Point, no wharves could be built
| because, it had no river, lake within its
| borders The trustees of that town there
| fore, were bound to expend that money in thu
Improvement of streets, and in the erection
OF public buildings, or for one OF these OBJ
jects.
If paid out for either, or both of these pur-
poses, the trust would have been properly e1-
ecuted Had the trustees of the town of
Mineral Point expended every dollar of this
fund.- in the erection of a Court House for
Iowa County, it would have been paid out for
the erection of a .'pu5iic Guldinq' within tho
very words of the act of Congress. This
would not therefore, be division Of the fund
from the specified purpose, 1t was not said
by Congress that the publi, buildings shoull
be for the use of the towns, town houses.
WhateYer was public building,-tfat at is,
building for the use and accommodation of
the public III transacting public business, was
within the range, class to which the money
was az propriated.
Had these trustees paid out this entire
fund for the erection of the Court House, now
upon this square it is presumed, no lawyer
would say, that an action could be maintain
ed against them, either by the United States,
the City of Mineral Point or any other body
or person. Yet the action could be maintain
ed in case such expenditure would be div
version of the fund.
No proposition of law is better settled,
than the one, that trustees ars personally La
bic, 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, III the supposed easel no suit can DO
maintained against the trustees, shows that
the money was paid out as diiectrd by tho
donor,-Ghe United States. The City IS no
right to complain of any such expenditure.
The fund was not the money of that corpora
ton, of any of its Inhabitants Nor has
that corporation, or its predecessor the town
ever parted with any consideration, in money,
or other thing of value, for any interest in
this square of ground, or in this residue fund.
Mineral Point, as a municipal corporation,
could only require an interest in or title to,
this square of ground, by purchase, grant,
gift, or bequcst. This, it obviously, has not
done. Not having acquired any title or in
terest, therein, in either of these ways, it is
clear, that it has no title, and that it never
had any title, or, interest thereto, or therein
whether legal or equitable.
Having no title, or interest, in can main
tain no action nor can it sustain any defence,
In any suit involving the question of title, or
right to this tract of land.
To do either, it is material, that the City
should have either legal or equitable title
or interest in the premises This dIsposes of
the first point.
The second and third propositions will now
be considered.
Upon familiar and well settled principles,
the County of Iowa, having furnished the
money with which to purchase the Court
House Square, it would be the equitable own
er ofthe premises. although patented to Hoard,
Derring and Lindsay.
This would be a resulting trust Hoard,
Derring and Lindsay, would be vested with
the dry title but they would hold it in trust
for the County. This trust the County could
enforce at any time, by compelling Hoard,
Derring and Lindsay, or their heirs to convey
the legal title direct to the County. These
persons have in part executed that trust, Gf
trust it were) by passing the possession of the
land to the County or rather allowing the
County to retain, without lent, or molesta-
ton the possession which it then had, and
which for some years it had enjoyed.
This view is taken, upon the supposi-
ton, that the law upon the subject of tit
ties and trusts is the same, between q
county and individuals, as between man
and man. This however is, or was not
the fact BY section two, page l02 of Re-
vised Statutes of 1889, it is declared that
"All real and personal estate heretofore
conveyed, or which shall hereafter be con-
yeyedby any form of conveyance, andduly
acknowledge, and recorded to the inhabit-
ants of any county, or to the county treas
user, or to any committee or to other per-
son, fo- the use and benefit Of such coun-
ty, shall be deemed to be the property
of such county; and all such conveyances
shall have the same force and effect, as if
they mad been made to the Inhabitants Qs
such county by their respective corporate
names" The fact that the patent was
made to Hoard, Derring and Lindsay, as
county commissioners, and to their sue
cessors, instead of their" heirs ondossigns,
shows that the title was conveyed for the
use Of the County.
The next section provides that the coun'
ty commissioners, or other public officers
may appoint agents to sell and convey any
| lands owned by the county.
This statute has continued to this time
| in full force.
! Bv force Of this statute, the County of
| Iowa was, and is vested with the entire
! title. to this Court House square both le-
gal and equitable.
/ do not understand that the City Of
Mineral Poiut, claims, that the patent
! issued to Hoard, Derring and Lindsay
contained any express condition, where
by the title which one vested, could revert
Had this been so (Which it was not) the con
dition OF the city, would be none the better;
because, upon the happening of the speci-
fed event, the title would 90 back to the
United States, and not to the city. The
title could not recert to a person, or body
who never had the title Nor is there any
pretence, that there was any express linn
itation or restriction imposed upon tho
use of the property, or as to the dlsposl-
ton thereof. Conditions, limitations and
restrictions are never presumed as to real
estate titles These must be expressed
or they do not exist. Statuatory titles and
conveyances come within this rule
The conditions, use limitation or rsstric
ton must be found on the face of the stat
utes, if not carried into the instrument