Miller v. Chittenden
Supreme Court of Iowa
Appeal from the Lee District Court. This cause was heard and decided at the Jane term, 1856, and will be found fully reported in 2 Iowa, 315, to which the reader is 'referred for a statement of the facts of the case.
Read the full summary
Appeal from the Lee District Court. This cause was heard and decided at the Jane term, 1856, and will be found fully reported in 2 Iowa, 315, to which the reader is 'referred for a statement of the facts of the case. At that term, after ■Mn.-ria'kiAl.l ;t.onf the decision was announced, Sy filed the following PETITION FOB A REHEARING : S. T. Marshall, one of the defendants and party in interest in this ease, now comes and petitions the court for a rehearing in this case, upon the following points, aud prays for time to present a written argument. Pact 1. That the title under and upon which he…
1Opinion of the Court
Stockton, J.[1]
The objection taken by Marshall, to the claim set up by the trustees to the land conveyed to them by McKean, is, “ that at the time the deed was ex*269ecuted, there was no Congregational Church at Keokuk, in an organized or unorganized form; nor was there any associated body of persons to which the grantor referred or intended to refer.” The conveyance from McKean to Chittenden, passed a naked title; and, in terms, excluded the possibility of their having an interest or use. The use was separated from the legal title. The cestui que trust indicated in the deed, was not in…
2Cases cited6 opinions
- Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Bartlet v. KingMassachusetts Supreme Judicial Court · 1815
- The Town of Pawlet v. D. CLARK & OTHERSSupreme Court of the United States · 1815
- Moore's Heirs v. Moore's DeviseesCourt of Appeals of Kentucky · 1836
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re John's WillOregon Supreme Court · 1896
- Lewis v. CurnuttSupreme Court of Iowa · 1906
- Wilson v. First National BankSupreme Court of Iowa · 1914
- Clayton v. HallettSupreme Court of Colorado · 1902
- Trustees in Trust for First Society of Methodist Episcopal Church v. ClarkMichigan Supreme Court · 1879
6 more not listed; retrieve them via the Exa API.