Garrett v. Boeing
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court: of the United States for the Northern Division of the Western District of Michigan. This was a snit' by Martin Alonzo Garrett and others against Marie M. Boeing and others to impress a trust upon the legal title to certain lands and for an accounting. The circuit court sustained a demurrer to the bill. Complainants appeal. This ease was argued and submitted with Hodge v. Palms (No. 232) 68 Fed. 61; McCants v. Land Co. (No. 233) Id.
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Appeal from the Circuit Court: of the United States for the Northern Division of the Western District of Michigan. This was a snit' by Martin Alonzo Garrett and others against Marie M. Boeing and others to impress a trust upon the legal title to certain lands and for an accounting. The circuit court sustained a demurrer to the bill. Complainants appeal. This ease was argued and submitted with Hodge v. Palms (No. 232) 68 Fed. 61; McCants v. Land Co. (No. 233) Id. GO; Morancy v. Palms (No. 234) Id. 04; and Fletcher v. McArthur (No. 235) Id. 65, — cases In many respects of a similar character.…
1Opinion of the Court 1
Having stated the case as above,
2Opinion of the Court · SeverensSeverens, District Judge
The coinjdainants seek to maintain their suit upon the theory of a constructive trust cast upon the legal title, which they admit to be in the defendants, by the fact that Wedge obtained the land claim of their ancestor, Joshua Garrett, by means of a fraud upon ihose who had inherited the claim from him, which trust, it is alleged, attached to the lauds upon the issuance of the patent by reason of the fact that the successive assignees from Wedge, to and including the defendants, took the claim or the products of it with notice of the trust. The soundness of…
3Cases cited15 opinions
- Taylor v. TaintorSupreme Court of the United States · 1873
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- Hanley v. DonoghueSupreme Court of the United States · 1885
- Thompson v. TolmieSupreme Court of the United States · 1829
- Christmas v. RussellSupreme Court of the United States · 1866
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4Cited by10 opinions
- United States v. BradfordDistrict Court, E.D. Louisiana · 1905
- Barrette v. WhitneyUtah Supreme Court · 1909
- Thompson v. N. T. Bushnell Co.Court of Appeals for the Second Circuit · 1899
- American Car & Foundry Co. v. AndersonCourt of Appeals for the Eighth Circuit · 1914
- In Re Estate of GreenSupreme Court of Oklahoma · 1926
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