COWELL V. SPRINGS COMPANY, 100 U. S. 55 (1879)

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U.S. Supreme Court

Cowell v. Springs Company, 100 U.S. 55 (1879)

Cowell v. Springs Company

100 U.S. 55*


1. A condition in a deed conveying land that intoxicating liquors shall never be manufactured, sold, or otherwise disposed of as a beverage in any place of public resort thereon, and that if this condition be broken by the grantee, his assigns or legal representatives, the deed shall become null and void and the title to the premises revert to the grantor, is not repugnant to the estate granted, nor is it unlawful or against public policy.

2. Upon breach of the condition, the grantor has a right to treat the estate as having reverted, and, under a statute of Colorado, can maintain ejectment without a previous entry or a demand.

3. In such a suit, the grantee is estopped from denying the validity of the title conveyed by the deed whereunder he took possession of the land.

4. When a patent issued by the United States adds to the name of the patentee the word "trustee," without mention of any trust upon which he is to hold the land, such addition does not prevent the legal title from passing by the patentee's conveyance. If a trust be in fact created, it is for the cestui que trust, and no one else, to complain of the nonexecution thereof.

5. By the general comity which, in the absence of positive direction to the contrary,

Page 100 U. S. 56

obtains through the states and territories of the United States, corporations created in one state or territory are permitted to carry on any lawful business in another, and to acquire, hold, and transfer property there equally as individuals.

6. When a corporation is authorized by statute to hold real property necessary to enable it to carry on its business, the inquiry whether any particular real property is necessary for that business is a matter between the state and the corporation, which does not concern third parties.

The facts are stated in the opinion of the Court.

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