MILLER v. BROOKVILLE

No. 31684.

152 Ohio St. 217 (1949)

MILLER ET AL., APPELLANTS, v. VILLAGE OF BROOKVILLE ET AL., APPELLEES.

Supreme Court of Ohio.

Decided November 23, 1949.


Attorney(s) appearing for the Case

Messrs. Murr & Murr, for appellants.

Messrs. Shively, Shively & Shell, Mr. Robert C. Herkins and Messrs. Scharrer, Scharrer & Hanaghan, for appellee village of Brookville.


WEYGANDT, C.J.

This unfortunate controversy results from a number of inadvertences in the transfer of the land described in the plaintiffs' petition.

On October 8, 1936, Elgar and Elizabeth Weaver "in consideration of one dollar ($1.00) and other valuable considerations" deeded the tract to the village of Brookville forever for use in perpetuity as a public park. That deed contains no forfeiture or reversion...

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