Summary

Oliver Wendell Holmes, Jr. Alabama v. Schmidt — Opinion of the Court

We are of opinion that the judgment must be affirmed. The above-mentioned act of Congress, under which Alabama became a state, provided that section 16 in every township 'shall be granted to the inhabitants of such township for the use of schools.' Of course the state must admit, as it expressly agreed, that these words vested the legal title in it, since it relies upon them for recovery in the present case. Any other interpretation hardly would be reasonable. In some cases the grant has been to the state in terms
Source: Wikisource

Oliver Wendell Holmes, Jr. Alabama v. Schmidt — Opinion of the Court

The ground of that decision was that the grant to the railroad was not a conveyance of the land in fee simple absolute, but a limited grant 'on an implied condition of reverter in the event that the company ceased to use or retain the land for the purpose for which it was granted.' This decision has been met for some similar cases elsewhere by the act of June 24, 1912, chap.
Source: Wikisource

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