Patapsco Guano Co. v. Morrison
U.S. Circuit Court for the Southern District of Georgia
The cause was heard for final decree upon the pleadings and evidence. The facts were as follows: In the year 1843, the defendants Gideon A. Dowse and Sarah A. Dowse, then Sarah A. Morrison, being about to marry, entered into an ante nuptial contract with George Harris, since deceased, and the defendant Robert J. Morrison as trustees.
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The cause was heard for final decree upon the pleadings and evidence. The facts were as follows: In the year 1843, the defendants Gideon A. Dowse and Sarah A. Dowse, then Sarah A. Morrison, being about to marry, entered into an ante nuptial contract with George Harris, since deceased, and the defendant Robert J. Morrison as trustees. This contract, after reciting that it was desirable that a proper settlement and provision should be made for said Sarah A., and any child or children she might have, and that the said Sarah A. was then the owner of several slaves and about eight thousand dollars…
1Opinion of the Court
ERSKINE, District . Judge.
Two distinct .views of this cause were presented by counsel for plaintiffs; and it was argued that the maintenance of either would warrant a decree for the plaintiff. First, that the power in the marriage articles, to sell or exchange any portion of the trust estate and reinvest the proceeds in other property upon the same limitations and trusts, conferred authority to execute a mortgage. Or, secondly, the authority to mortgage was valid under the de-cretal order of the chancellor by virtue of section 2327 of the Code. In support of the first view, Allan v.…
2Cases cited6 opinions
- United States v. Athens ArmorySupreme Court of Georgia · 1868
- Hubbard v. German Catholic CongregationSupreme Court of Iowa · 1871
- Whitney v. HeywoodMassachusetts Supreme Judicial Court · 1850
- Lovelace v. SmithSupreme Court of Georgia · 1869
- Wayne v. MyddletonSupreme Court of Georgia · 1847
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3Cited by6 opinions
- Campbell v. Foster Home Ass'nSupreme Court of Pennsylvania · 1894
- Jeffrey v. HurshMichigan Supreme Court · 1882
- Graham v. EnglemannDistrict Court, S.D. Texas · 1920
- Stokes v. Payne, Kennedy & Co.Mississippi Supreme Court · 1881
- Lookout Mountain R. Co. v. HoustonU.S. Circuit Court for the District of Eastern Tennessee · 1890
1 more not listed; retrieve them via the Exa API.