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to say that the interests of the defendants, and ant's business can be so operated without of those engaged in the same pursuits, would danger to property or persons outside de be more important than those of complainant, and such as he represents in this contest. The fendant's grounds, the decree should

then be direct contrary is maintained by the com- modified accordingly. plainant with great force and plausibility. But we have nothing to do with this question as to

WILLIAMS, C., concurs. the comparative importance of the conflicting interests, or the inconvenience to the defendants by the stoppage of their works, if they infringe PER CURIAM. The foregoing opinion of the material, substantial rights of others. It ROY, C., is adopted as the opinion of the is the province and imperative duty of the

court. All concur. court to ascertain and enforce the legal rights of the complainant, no matter what the consequence to defendants may be. This duty no court could evade if it would."

LACKLAND et al. v. HADLEY, Atty. Gen., We will not discuss the question of the

et al. (No. 15298.) loss of the value of the good will of the defendant's business, nor of loss on contracts

(Supreme Court of Missouri. July 2, 1914. for future supplies of raw materials.

Rehearing Denied July 14, 1914.)

We hope no such disastrous results as defendant


BREACH. anticipates will occur. As we conceive our

S. conveyed to the city of St. Louis a duty we are powerless to protect the de-tract of land, containing conditions, among fendant,

others, that all the tract shall be used as a (6,1] VI. It is said that plaintiff is pre width of 200 feet, designated on the plat for

public park, except the outer rim thereof, of a cluded by laches. The defendant, so far as leasing "on long leases for villa residences, the evidence shows, built its plant without which should be an ornament to the park, and any one in the community knowing anything from time to time, lease said strip, in lots of

source of revenue," and that the city, shall, about what its contemplated business was to designated size, for periods of 30 years before be. The first damaging explosion occurred renewal, for villa residences, and pay over the November 12, 1908. On January 15, 1909, re- rents to S. and his assigns, and providing for lators applied to the Attorney General with be violated; a subsequent deed of s. provided

the property reverting if any of the conditions a petition prepared to be signed and filed in that nonperformance by the city of the condithe case. It was filed January 22, 1909, be- tions as to such strip shall not work a forfeifore the plant resumed, some time in Febru- ture as to the rest of the land, but expressly

reserved to himself and assigns right, on any ary. There was no laches in fact. Moreover, willful violation by the city of the condition as laches will not be imputed to the state. 16 to leasing and paying the rents, to enforce perCyc. 151; United States v. Kirkpatrick, 9 formance thereof. Held, that while such strip, Wheat. (22 U. S.) 720, 6 L Ed. 199; Rail- the fee to which is vested in the city, was in

tended to be an ornament to the park, the city road v. State ex rel., 159 Ind. 438, 65 N. E. has the duty of attempting, in good faith, to 401.

rent it, and of renting it, if it can get any subIt has been held that as against the state stantial rent, for ornamental villa residences, the defendant cannot claim a right by pre- that there is reserved a right at least to en;

and, when rented, of paying over the rents, and scription to maintain a public nuisance. force this duty, where there has been a willful State ex rel. Detienne v. Vandalia, 119 Mo. neglect thereof, but there can be no relief, unApp. 406, 94 S. W. 1009; Smith v. Sedalia, der a petition in equity by the assignees under

the will of S. not only not alleging willful neg152 Mo. 283, 53 S. W. 907, 48 L. R. A. 711. lect, but proceeding on the theory that the

There has been no suggestion made that property cannot be so rented, and praying for, defendant's business could be so conducted its sale and payment of the proceeds to them, that the amount of explosive in any one place dition subsequent, or a mere covenant or agree

whether the provision as to renting be a conwould be such as not to endanger property or ment of the grantee. persons' outside of defendant's grounds. If [Ed. Note.-For other cases, see Deeds, Cent. such a thing is possible, the defendant should Dig. 88 526-533; Dec. Dig. § (168.*] be permitted to show such fact in the circuit Walker and Woodson, JJ., dissenting. court.

In Banc. The judgment is reversed and the cause

Appeal from St. Louis Circuit remanded, with directions to enter a decree

Court; Matt G. Reynolds, Judge. In accordance with the prayer of the petition,

Suit by Rufus J. Lackland and others, with leave to the defendant to thereafter constituting the Board of Trustees of the make a showing, if it sees proper so to do, Missouri Botanical Garden, against Herbert on the question as to whether it can operate S. Hadley, Attorney General of the State, its powder mill or maintain powder or dyna- and others. From a decree for defendants, mite magazines on its grounds in such a way

plaintiffs appeal. Reversed and dismissed. that the amount of explosive in any one place The board of trustees of the Missouri Boat one time will not be dangerous to persons tanical Garden created by the will of Henry or property outside of defendant's grounds, Shaw, which was probated on the 21st day and in such a way that the explosive in one of September, 1889, brought this suit in place will not be in danger of explosion from equity to procure a decree declaring a trust the powder or dynamite in any other place. for their benefit in a strip of land 200 feet If on such showing it appears that defend- i wide, which, and other lands surrounded by, it, was conveyed by Henry Shaw, in pursu- 1 authorized to be formed by the second and third ance of an act of the Legislature of March sections of said act which said board as au9, 1867 (Laws 1867, p. 172) for the establish- the said Shaw, and all the following persons

thorized by said board act shall be composed of ment of Tower Grove Park, to the city of by him now selected and named thereof, to St. Louis by his deed of October 20, 1868, wit: Adolphus Meier, Wm. F. Ferguson, and a grant in confirmation, July 9, 1872. Charles P. Chouteau and James S. Thomas. Said act of the General Assembly provided sale of said bonds shall have been expended in

“Third, that after the money so raised by the for the government of said park a board of the laying out and embellishing and constructcommissioners consisting of from five to ing said park there shall be expended each year seven persons, of which board Mr. Henry the sum of twenty-five thousand dollars in speShaw was to be a member during his life, proving the said park.

cial funds, the keeping up, maintaining and imwith the power of appointment of all other Fourth, that the provisions of said act as members. Said act gave the board power to to construction, appointment and the filling of prescribe rules and pass ordinances for the vacancies in the board of commissioners of said regulation of the park, and made a viola- park shall forever remain inviolate.

"Fifth, that the board of commissioners of tion of such ordinances a misdemeanor. It the Tower Grove Park shall from time to time required the city of St. Louis to issue and cause to be leased the said strip of land 200 sell bonds aggregating $360,000, whose pro

feet in width so surrounding said park in conceeds should be paid over to said board and venient lots not to exceed 200 feet in front,

nor less than one hundred feet to any one person applied by it to the improvement and ad-for periods of 30 years before renewal for the ministration of the park. It further requir- purpose of erecting villa residences thereon only ed the city of St. Louis to provide by gener- es without deduction shall be forever paid over

and all the gross rents received from said leasal taxation an annual maintenance fund of to said Henry Shaw and to his heirs, executors, $25,000, to begin three years after the pas- administrators and assigns so that he and they sage of the act. And it exempted all the shall forever enjoy said rents and the city shall land conveyed by Mr. Shaw in pursuance of execute the proper leases therefor which shall

contain a clause that there shall be only one its provisions from every form of taxation, residence on each tract so leased. And whereand provided that such lands should be held as by said act of the General Assembly of the in fee by the said city of St. Louis, and au- city of St. Louis authorized to purchase land thorized said city to issue bonds for $50,- form part of Tower Grove Park as is bereby

adjoining the property hereby conveyed to 000 for the purchase of certain adjoining understood and expressly agreed that if said lands, if needful.

city shall hereafter purchase for the aforesaid Henry Shaw executed an indenture with purpose the parcel of land owned by the heirs the mayor of the city of St. Louis October west by the King's highway and north by Mag

of the late Thomas Jefferson Payne. Bounded 20, 1868, whereby he conveyed to it the nolia avenue as intended to be extended in a lands by the same description given to them right line to the King's highway, the said strip in the act of the Legislature, and the city of land of two hundred feet in width hereinbe

fore mentioned as far as the same may adassumed the covenants required of it by said join said land of said Payne shall be used for act. Said indenture conveyed 276.76 acres, said park and a like strip of land to be taken and located on this tract an outer rim of from said land purchased as aforesaid from 200 feet wide, with openings or passage said leasing purposes so that the said strip of

said Payne shall be substituted therefor for ways to the inner park (as shown on a plat two hundred feet in width to be leased as afore. of the whole tract conveyed, which accom- said shall surround said Tower Grove Park, so panied the deed and was made a part there- extended in the northwestern corner thereof. of) for leasing "upon long leases for villa It is hereby expressly provided and this con

veyance is made upon the express condition that residences, which should be an ornament to if said conditions upon which said conveyance the park and source of revenue." The deed is made or any of them shall be violated in the then vested the whole tract, to wit:

lifetime of said Henry Shaw, the said proper"To have and to hold the same unto the said ty and all improvements thereon shall at once city of St. Louis in absolute property in fee so

revert to said Shaw, and absolutely vest in him long as the said city shall conform and comply in fee as if the conveyance had not been made with the following conditions annexed to said and if said conditions or any of them shall be grant, to wit:

violated after the death of said Shaw, then the "First, that all of said tract of land hereby said estate hereby conveyed and all'improve annexed except the aforesaid strip, two bun- ments therein shall go to and be vested in dred feet in width shall be and remain and be whomsoever said Shaw may appoint for the used and managed as a public park for the use of the Missouri Botanical Garden or directhealth, well-being and enjoyment of the citi- ly in said Garden whenever the said is incorpozens of said city and county of St. Louis, for- rated as authorized by law, to hold directly in ever. That no portion of said park shall ever his own name and for its own use. The said be used for any other purposes than those ap- party of the second part hereby covenants to pertaining properly to such public park nor and with the said party of the first part that sball any revenue ever be raised from the use of they will perform and fulfill the conditions and any portion of said park except such as may be agreements herein before mentioned. consistent with its said purpose and use and “[Seal] In testimony Whereof the said which revenue shall go to the maintenance of party of the first part has hereunto set his band said park through the board of commissioners. and seal and said party of the second part bas

"Second, that the city of St. Louis shall with caused the same to be signed by its mayor and เ in - months from the date hereof pay over countersigned by its register and its corporate the proceeds of the bonds of the city of St. seal to be hereto attached the day and year first Louis authorized to be issued

and aforesaid.

Henry Shaw. [Seal.] sold to the board of 'the commission

"James S. Thomas, Mayor. ers of the Tower Grove Park' as mentioned and "Attest: I. W. Heath, City Register."


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The supplemental deed is, to wit:

impairing or controlling the right of said com"Whereas Henry Shaw of the city of St. Louis missioners of Tower Grove Park to demand and did convey by deed dated 20th October, 1868 have from said city from and after the period and recorded in the recorder's office of St. Louis stipulated in said deed the yearly sum of county in Book 370, page 421, to the city of twenty-five thousand dollars as provided thereSt. Louis a certain tract of land containing two in or the right of said Shaw, his heirs or assigns hundred and seventy six and 76-100 acres of or said commissioners to enforce the payment which tract two hundred and two 02-100 acres

of the same by appropriate remedies if they sewere donated for a public

park and the gates lect. Said Shaw hereby admits the performance and approaches thereto and seventy-four 74- on the part of the said city of St. Louis of the 100 acres were by said city of St. Louis were second condition annexed to said grant being the to be leased by said city through the board of payment by the city of St. Louis to said commiscommissioners of said Tower Grove Park and sioners of the proceeds of bonds of the city of the revenues derived therefrom to be paid over

St. Louis authorized to be issued by law for to said Shaw or assigns as will more fully and the laying out, constructing and embellishing

said Park. at large appear by reference to the provisions of

This agreement is not to be consaid deed, and whereas it was provided by the sidered and taken as in any way modifying, conterms of said conveyance that such conveyance trolling or effecting the provisions and condiwas made upon the express condition that the tions in said deed contained except as to matsaid city of St. Louis should hold said property tioned but the same remain in full force entire

ters and to the extent and degree herein men80 long as said city should comply with the conditions annexed to the grant thereby made and lyn unaffected by anything herein contained. then upon the violations of said conditions or The said Henry

Shaw for and in consideration any of them the property should at once revert of one dollar to him paid by the city of St. to said Shaw or to whomsoever he might ap: and convey to the city of St. Louis for the pur

Louis does hereby remise, release, quitclaim point, and whereas the condition in respect to the leasing of said seventy-four 74-100 acres

poses of Tower Grove Park, and as a part

thereof a certain lot of ground containing two (being a strip of two hundred feet in width surrounding the park) and paying to said Shaw the dred feet from east to west, and being the east

hundred feet from north to south by one hunrevenue is liable to different interpretations as to unperformance thereof and the dependence of dred feet surrounding the park. Commencing

ern one hundred feet of said strip of two bunthe grant so far as the two hundred and two 02-100 acres granted by said Tower Grove at the Tower Grove Gate as represented on the Park and its approaches are concerned is deem- plat annexed to said deed and running east one

hundred feet, being the same lot of ground one ed onerous by said city. Now therefore the which the superintendent's house and offices of said Henry Shaw does hereby covenant and said park are placed to have and to hold the agree to and with the said city of St. Louis, same unto the said city in absolute property in that the nonperformance by the city of St. Lou- fee upon the same terms and conditions as they is of the conditions, covenants and agreements now hold said Tower Grove Park and so long on the part of the city in relation to said seventy-four 74-100 acres shall not work any for witness whereof the said Henry Shaw has here

as the said city shall comply therewith. feiture of the grant so made to the city of St. unto set his hand and seal this 9th day

of July, Louis of the two hundred and two 02-100


Henry Shaw. [Seal.]” acres set apart and designated as Tower Grove Park in said deed and the plat annexed thereto In their petition plaintiffs claim to be the the said Shaw expressly reserving to himself and residuary devisees of Henry Shaw, and as assigns the full and perfect right at all times such entitled to whatever interests were reupon any willful violation on the parts of the city or said commissioners to lease the said served by him in the execution of the foreseventy-four 74-100 acres from time to time as going deeds. They aver that the method provided in said conveyance and pay the rents which he prescribed for obtaining a source to him or to whomsoever he may appoint to of revenue by requiring the city to lease for enforce the performance of the agreement for and concerning the said leasing or payment of villa residences on long terms the outer 200 net rents and revenues therefrom to said Shaw feet of the land conveyed to it has "proven or assigns by writ of mandamus or other appro- impossible of realization." Wherefore depriate remedy against the city of St. Louis or fendants did not willfully or intentionally said commissioners the said Shaw hereby in po manner modifying changing or impairing the neglect to make such leases. The prayer of conditions of said grant in this particular so plaintiff's petition was for a sale in lots of far as the 74 74-100 acres are concerned. And convenient size of the 200 feet forming the whereas also it is desired by said city that the external boundaries of the land conveyed by condition of said grant that the said city and county of St. Louis shall each year appropriate Mr. Shaw to the city of St. Louis, and that the sum of twenty-five thousand dollar in gold “the net proceeds of such sales should be for the keeping up, maintaining and improving paid to plaintiffs for the use of the Missouri said Park, shall be made more definite and spe; Botanical Gardens.” The prayer also asks cific, being the third condition specified in said for power in the board of commissioners to deed therefore the said Shaw does hereby covenant and agree to and with the said city of St. | "sell or lease the lands * * to the city Louis that no forfeiture of the said Tower of St. Louis * and for further relief." Grove Park and its approaches of two hundred The answer of the defendants, who were the and two 02-100 acres no right of re-entry upon said park shall accrue to or be enforceable by then Attorney General and the board of comsaid Shaw, his heirs or assigns unless upon the missioners of Tower Grove Park, admitted willful neglect or default of said city to make so much of the deeds and red ds as was set such yearly appropriation and not unless the forth in plaintiff's petition, denied that plainsaid Shaw, his heirs or assigns, shall have notified in writing said city that he or they claim tiffs had any interest whatever in the lands said forfeiture and right of re-entry by virtue sought to be subjected, and prayed for crossof such neglect or default on the part of said relief, adjudging the full title of the land city and one year after said notification shall to be in the city of St. Louis; admitted the have expired without any such appropriation having been made. Nothing hereby contained statement or allegation in plaintiff's petition

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land in dispute for villa residences or col- | Mr. Shaw, the entire property has been exlect any rent from such leases.

empted from every form of taxation. The evidence shows that rentals to an in The evidence further shows, as admitted considerable amount have been collected by in the pleadings, that the city has not leased the board of commissioners of the park from any of the strip for villa purposes, but has temporary tenants of such strip, who used it been able to receive a slight rental therefor for gardening purposes; that Henry Shaw from persons using it temporarily which it from the time of the establishment of said paid over to the plaintiffs as the assignees of park, and for 21 years thereafter, was con- Mr. Shaw under the residuary clause of his tinuously a member of the board of park will. The evidence further shows that if the commissioners provided for by the act and strip of land in question were now sold, it created in accordance with the terms of his would have a probable market value of $816,deed to the city of St. Louis, and that he 250. Upon the consideration of the pleadings selected all of the other members of said and the facts, the trial court rendered a de board, and that the entire management of cree adjudging complete title in the defendthe park was intrusted to it; that the board ants as prayed for in their cross-bill, and dishas continued the same, except that since his missed appellants' petition, from which judgdeath he has been succeeded by the director ment this appeal was taken. of a quasi public charity, the Missouri Bo

Judson, Green & Henry, of St. Louis, for tanical Garden, which was first established

appellants. William E. Baird and Truman by the provisions of his will. This latter P. Young, both of St. Louis, for respondents. charity was before the court, and its specific nature and the powers and the duties of the

BOND, J. (after stating the facts as above). trustees to whom Mr. Shaw had conveyed in 1. It is perfectly clear that the only question fee the bulk of his estate were fully defined on this appeal is the interest of Henry Shaw, in Lackland v. Walker, 151 Mo. 210, 52 S. W. and the proper enforcement thereof under 414. For the promotion and maintenance of the terms of his two deeds, whereby the propthis charitable trust created by his will, Mr. erty including the outer rim or strip of 200 Shaw conveyed to the 15 trustees named feet was vested in fee in the city for the purtherein the bulk of his real estate now shown poses and upon the conditions expressed in to be of the value of between $5,000,000 and the deeds. It cannot be that Mr. Shaw by his $6,000,000. In the management of their trust will could devise any particle of the estate said trustees, according to a report of their which he did not possess after bis grant of receipts and disbursements for the year 1907, the lands in question, nor could he transmit received $178,091.36, and expended $171,074.- to his residuary devisees, the plaintiffs, any 26, leaving a balance on hand of $7,017.10. other remedy for the enforcement of the inThe residuary clause of Mr. Shaw's will, un- terests and rights retained by him than he der which plaintiffs claim is, to wit:

had at the time of his death. With this in “Also all the residue of my estate real and mind, the only thing left in this case is to personal or mixed, which I may leave, or be possessed of at the time of my death, which shali determine from the language of the two innot have been in this my will devised, bequeath- struments what interest or estate passed to ed and disposed_of, I devise and bequeath to the grantees, or was reserved to the grantor. said trustees. To have and to hold to them The meaning of these words is not aided or and the survivors of them, and their successors in said trust forever upon the said uses helped by the conclusion reached by this and trusts above mentioned."

court when it conceded the power of the trusIn the first paragraph of the will of Henry tees to whom a great estate had been conveyShaw, where there was a general devise of ed in furtherance of a different charity de his real estate to the trustees of the Botanical scribed in the last will of Henry Shaw to

For Garden, a clause is contained which excepts vary the details of its administration. from said general devise the lands in dispute that case (151 Mo. 210, 52 S. W. 414) presentin this case, in the following terms:

ed only the question of the power of the trus"Excepting such interests and estates as I tees, who held a fee-simple title for the sushave heretofore conveyed to the city of St. tention of a charity, to vary their administraLouis, by two deeds, one bearing date the tion from a method of substantial sale by a twentieth day of October 1868, (2) and the other bearing date the ninth of July 1872, and do leasing with a covenant for perpetual retherein devise to the said city of St. Louis for newal to a sale outright to meet the necesTower Grove Park."

sities of a definitely created and established The evidence shows that in consideration charity. This the court permitted them to do of the conveyance to it of the land for park in order to prevent the frustration of the purposes, the said city of St. Louis sold its paramount purpose of the donor. Mr. Shaw bonds, and devoted their proceeds, amounting was a lover of flowers, and had devoted much to $360,000, to the improvement of the of his life to their cultivation, and had laid grounds, and three years thereafter, and con- out on his residence grounds a botanical gartinuously up to the present time, has applied den and constructed a library and museum $25,000 of money raised by taxation to the thereon. This and the remainder of his annual maintenance of said park, and that, vast estate was devised by him to the trusas provided in the act of the Legislature au- tees named in his will for the perpetual mainthorizing the conveyance of this property by tenance of a botanical garden, accessible to

the public under the restrictions contained to the instruments themselves to ascertain in his will. In its ruling upon the case then their legal import. presented (151 Mo. 210) the court held that II. What Mr. Shaw and the city of St. Louthe title-holding trustees, who were directed is designed to do, under the authority of the in the will to lease the real estate conveyed state, was the establishment of a park for to them for a term of 60 years, with a cove- the common benefit of the public, a proper nant for perpetual renewal, were entitled, civic motive on the part of the city, and a upon the impossibility of effecting such leases, philanthropic benefaction by Mr. Shaw. to make an alienation of the property for the This is demonstrated by the fact that the support of the charity. That ruling merely precaution (though unnecessary) was taken to gave the power to vary the method of admin- apply to the Legislature for an act establishistration of the trust, but not to alter the ing and naming the park, describing the purposes or objects of the charity, nor to lands to be conveyed, providing a board of change its character as created by its found-control and management, authorizing the city er. But in the instant case the plaintiffs are to expend immediately and subsequently the not asking to be allowed to sell any real es- sums mentioned in the act, exempting the entate conveyed to them on account of the im- tire property from any burdens of taxation, possibility of the performance of any duty and providing, further, that "it shall be held with which they have been charged in re-in fee by the city.In pursuance of this act spect to it, for this real estate was conveyed Mr. Shaw executed his deed of indenture to not to plaintiffs, but to another trustee, who, the city, conveying to it the lands by the and not plaintiffs, was charged in the deed, same description contained in the enabling devoting it to a wholly different charity, with act, and imposed, among others, a condition the duty to lease it for a particular purpose, that 200 feet in width on the outer portion ornamental to the park, and pay the rent of said lands should be leased by the city in realized in that mode only to a grantor of specified lots, on terms of 30 years before whom the plaintiffs are merely the assignees. renewal, for the purpose of villa residences, The plaintiffs in this case occupied no such and the city should "pay over the rents for status as they did in that case. There they such leasing forever to Henry Shaw and his desired to convey the fee vested in them, to heirs, executors, administrators and assigns." subserve a charity which was richly endowed, The indenture then provides that if any of but hampered in the use of its property. said conditions are broken in the lifetime of Here, the defendant city is the trustee of a Shaw, "the said property and all its improvepublic charity wholly disconnected with the ments thereon shall at once revert to said other of which it is the conjoint founder Shaw and absolutely vest in him in fee as with the donor of the land (for it made it a if the conveyance had not been made”; but park by paying $360,000 to improve it and if violated after his death, then a similar reappropriates $25,000 annually for its main-verter should take place to an appointee of tenance), and since it has turned out that Shaw for the use of the Botanical Garden, defendants cannot rent for a special purpose or to it if then incorporated. It is not neceswhich would enable plaintiffs, as assignees, sary to consider any of the other conditions to secure the rent thus collected, they are upon which the fee was vested in the city, seeking to cause defendants to sell the prop- except the ones above quoted relating to the erty and give them the total proceeds, esti- leasing of the strip by the board of commismated at $816,000 if the fee is sold. In oth- sioners, for all the others have been fully er words, in the case cited plaintiffs sought to performed. The one in question, moreover, be granted, in the performance of their du- has been expressly and specially restricted ties as trustees, the right to vary in the mat- by the deed poll made by Mr. Shaw three ter of administration, a trust of property to years after the execution of his indenture which they had title. Here they are seeking with the city to a "willful violation” by the to obtain property to which another trustee city or said commissioners of the requireholds the title, for another charity, although ment to lease said strip for villa residences they admit such other trustee, holding the and pay the rents to him or whomsoever he title for a definite charitable and public trust, may appoint. The grantor in said deed also has without fault been unable to find tenants expressly reserved the right to enforce that for a special leasing required by its charita- condition as to leasing by mandamus or othble appropriation and pay the rent to plain-er appropriate remedy. This partial waiver tiffs as assignees of the grantor, Henry Shaw. and modification of the conditions in quesHere, plaintiffs seek to obtain a title or its tion by Mr. Shaw is an absolute estoppel by proceeds, which was not given to them. In deed as against him or his assigns, the plainthe case cited they sought to dispose of an tiffs. Such was the purpose and effect of his asset which belonged to them, and the full confirmatory deed. It was executed to relax title to which was vested in them. It is evi- the stringency of the condition of forfeiture dent that the decision in Lackland v. Walker, which had been inserted in the prior deed of supra, bears no analogy to the case in hand, indenture between the city and Mr. Shaw. It and sheds no light on the meaning of the was clearly out of the power of Mr. Shaw by words contained in the two instruments un his subsequent confirmatory deed, nor did he

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