86 Md. 13 | Md. | 1897
delivered the opinion of the Court.
This is an action of ejectment brought by the appellees
The case was submitted to and tried before the Court below, without the aid of a jury, and upon an agreed statement, the material facts of which have already been stated. So that the only inquiry necessary to be determined on this appeal relates to the proper construction and legal effect which should be given to the language employed in the deed
In this case the original grantors are admitted to have received full consideration for the lot when sold, and while the question of the amount of the consideration paid can have no effect in enlarging or extending the estate conveyed, it has nevertheless an important bearing upon and greatly aids in the ascertainment of the intention of the parties to the conveyance. To determine correctly the meaning and effect of the language of the deed, which has brought about this controversy, it becomes our duty to ascertain as nearly as possible the intention of the parties, grantor and grantee. There can be no doubt of the intention of the grantors that the estate should be used for public school purposes. This is clearly manifested, but we search in vain for any words which indicate an intention that if the grantee omitted so to use the estate and actually devoted it to another purpose, the same should thereupon be forfeited, and revert to the heirs of the grantors. After careful examination we have found as stated by Bigelow, C. J., in Rawson v. Inhabitants, &c., 7 Allen, 129-130, “No authoritative sanction for the doctrine that a deed is to be construed as a grant on, a condition subsequent solely for the reason that it contains a clause declaring the purpose for which it is intended the granted premises shall be used, where such purpose will not enure specially to the benefit of the grantor and his assigns, but is in its nature general and public, and where there are no other words indicating an intent that the grant is to be void if the declared purpose is not fulfilled.” In this case the words sought to be construed as creating a condition were, “ for a burying place forever,” but the Court held that it was not a condition. The grant in the case now under consideration was not a gratuity, nor merely voluntary, but made for a full consideration of the estate conveyed.
Judgment reversed with costs and without a new trial.