Legal Opinion

Smith v. Davis

California Supreme Court

Decided June 30, 1891No. 13319PublishedCited by 34 opinions

Appeal from a-judgment of the Superior Court of the city and county of San Francisco. The facts are stated in the opinion of the court.

1Opinion of the CourtGaroutte, J.

—Respondent filed his complaint in equity to appoint a trustee, and to have the execution of a trust relating to certain lands in Washington Territory decreed.

The complaint, filed May 23,1885, alleges that on July 27, 1881, said Smith and Davis executed and delivered each to the other a certain document, purporting to be an “indenture tripartite,” whereby they purported to convey said land to the London and San Francisco Bank, Limited (a corporation), in trust, for certain specified purposes; that by the terms of its charter said bank was incapable of taking the title sought to be conveyed by…

2Cases cited5 opinions

  1. Massie v. WattsSupreme Court of the United States · 1810
  2. VIDAL v. Girard's ExecutorsSupreme Court of the United States · 1844
  3. Poindexter v. BurwellSupreme Court of Virginia · 1886
  4. Wimer v. WimerSupreme Court of Virginia · 1886
  5. Barger v. BucklandSupreme Court of Virginia · 1877

3Cited by34 opinions

  1. Bank of Italy National Trust & Savings Ass'n v. BentleyCalifornia Supreme Court · 1933
  2. Title Insurance & Trust Co. v. California Development Co.California Supreme Court · 1915
  3. Mills v. MillsCalifornia Court of Appeal · 1956
  4. Estate of BarterCalifornia Supreme Court · 1947
  5. Kuchel v. First Trust & Savings Bank of PasadenaCalifornia Supreme Court · 1947

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