Kilpatrick v. Graves
Mississippi Supreme Court
Appeal from the Chancery Court of Copiah County. Hon. E. G. Peyton Jr., Chancellor. Complainant filed his bill in the chancery court of Copiah county, in which he alleged that in 1860, one William A. Kilpatrick conveyed to Thomas Stuart and others, trustees of the Methodist Episcopal Church South, in the town of Hazelhurst, a certain lot of land, in said conveyance mentioned, to be held in trust for the benefit of the said church; that a house of worship was erected on said…
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Appeal from the Chancery Court of Copiah County. Hon. E. G. Peyton Jr., Chancellor. Complainant filed his bill in the chancery court of Copiah county, in which he alleged that in 1860, one William A. Kilpatrick conveyed to Thomas Stuart and others, trustees of the Methodist Episcopal Church South, in the town of Hazelhurst, a certain lot of land, in said conveyance mentioned, to be held in trust for the benefit of the said church; that a house of worship was erected on said lot in accordance with the terms of said grant, and so used until some time in 1871, when the church authorities…
1Opinion of the Court
Simrall. J.,
delivered the opinion of the court.
The complainant’s equity as claimed by him rests upon the predicate that the lot of ground in dispute wast conveyed to certain trustees, to be used as the site of a Methodist church or house of worship; but that since the grant, the house has been torn down and removed to another lot in the town of Hazelhurst, and that the trustees, or their successors, have sold the premises, so that the charity has entirely failed.
*436It becomes very important in order to determine that question, to ascertain precisely tbe nature and character of the trust…
2Cases cited1 opinion
- Nesmeth v. HalstedNew York Court of Chancery · 1845
3Cited by6 opinions
- Shields v. HarrisSupreme Court of North Carolina · 1925
- Shields v. . HarrisSupreme Court of North Carolina · 1925
- Granville Lumber Co. v. AtkinsonDistrict Court, E.D. North Carolina · 1916
- Taylor v. CampbellIndiana Court of Appeals · 1912
- Norfolk Bank for Savings & Trusts v. WhippleDistrict Court, E.D. South Carolina · 1918
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