Legal Opinion

President of Bowdoin College v. Merritt

U.S. Circuit Court for the District of Northern California

Decided November 27, 1893No. 11,565PublishedCited by 17 opinions

In Equity. Suit by the president and trustees of Bowdoin College and others against James P. Merritt, Frederick A. Merritt, and others, to remove cloud from title. A demurrer to the hill was heretofore overruled. 54 Féd. 55. The case is now heard on an application to file a supplemental hill making Harry P. Merritt a party defendant, and for injunction to restrain the prosecution of an action commenced by him in the superior court of Alameda county, Cal.

1Opinion of the Court

McKEKNA, Circuit Judge.

The facts of this case have become familiar. It will only he necessary, therefore, to say, in general, it is brought by the college and certain persons as beneficiaries of a trust deed made by one Catherine G-arcelon to the defendants Stanley and Purington. They sue for- themselves and all others interested under the deed. The suit is to enjoin the defendant J. P. Merritt from asserting claim to the property described in the deed, contrary to his contract, as heir of Dr. Merritt, from whom Mrs. Garcelon derived the property, and thereby embarrass or prevent the…

2Cases cited6 opinions

  1. French v. HaySupreme Court of the United States · 1875
  2. Dietzsch v. HuidekoperSupreme Court of the United States · 1881
  3. Sharon v. TerryU.S. Circuit Court for the District of Northern California · 1888
  4. City of Detroit v. Detroit City Ry. Co.U.S. Circuit Court for the District of Eastern Michigan · 1893
  5. Jack v. D. M. & Ft. D. R. Co.Supreme Court of Iowa · 1878

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. President, Etc., of Bowdoin College v. MerrittU.S. Circuit Court for the District of Northern California · 1896
  2. Rodgers v. PittU.S. Circuit Court for the District of Nevada · 1899
  3. Victor Talking Mach. Co. v. Brunswick-Balke-Collender Co.District Court, D. Delaware · 1922
  4. Commercial Electrical Supply Co. v. CurtisCourt of Appeals for the Eighth Circuit · 1923
  5. Reed v. StanleyCourt of Appeals for the Ninth Circuit · 1899

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API