Supreme Court of Ohio
212 N.E.2d 574 (1965)
The descendants of Harry H. Ink conveyed to the city 33.5 acres of land to the City of Canton, Ohio (defendant), with the limitation that the land was donated “for the use and purpose of a public park, but for no other use or purpose whatsoever.” The city paid no money in exchange for the use of this land. The habendum clause specified that if the land ceased to be used as a park, the land would revert back to the Ink descendants (plaintiffs). The land was used as a park for some time until 1961, when the state, through eminent domain, took over 27 acres of the land for purposes of building a highway. The state determined the fair value of the land to be $96,247; the value of the structures built by the city to be $2,875; and the damage to the land not taken to be $31,700. The Ink descendants brought a declaratory judgment action to determine who had rights to the money. The trial court awarded the entire sum to the city, and the court of appeals affirmed. The Ink descendants appealed to the Ohio Supreme Court.
Rule of Law
Holding and Reasoning (Taft, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 240,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.