134 Minn. 343 | Minn. | 1916
The statutes of the state give to cities generally the power to accept grants of real estate. G. S. 1913, § 1785. The home rule charter of this city confers upon it the power to purchase land for public or municipal purposes. Home Rule Charter, § 1. The city has the undoubted power to receive gifts of real property, at least if the same be suitable
Suppose the city had no power to incur the obligation to furnish deceased future support, still after the support had been furnished it would have been lawful for deceased' to reimburse the city for what he had received. Suppose the obligation could not have been enforced against the city, and that deceased might, as long as the obligation remained unperformed, have had the conveyance set aside, still it was lawful for deceased to put property into the1 hands of the city as a means of reimbursement for such support as the city might furnish. The purpose of giving the deed was a lawful purpose insofar as it looked to that end. If deceased could have avoided it before the support was furnished, he did not. After the support was furnished and the contract fully executed on both sides, it is too. late. See O’Donnell v. Smith, 142 Mass. 505, 8 N. E. 350 (a similar case) and Inhabitants of Worcester v. Eaton, 13 Mass. 371, 7 Am. Dec. 155. A grantor of property to a municipal corporation cannot, after he has received the full consideration for the transfer, recover the property back on the ground that the acquisition of the property was unauthorized. ■ Having parted with the property and received the benefit accruing to him from the transfer, the use of the property by the grantee is a matter of no concern to him. 3 Dillon, Mun. Corp. (5th ed.) § 990; 3 McQuillin, Mun. Corp. § 1124; Barnes v. Multnomah County, 145 Fed. 695; Chambers v. City of St. Louis, 29 Mo. 543, 576, 577; City of St. Louis v. Davidson, 102 Mo. 149, 14 S. W. 825, 22 Am. St. 764; Town of Beloit v. Heineman, 128 Wis. 398, 107 N. W. 334. Order affirmed.