St. Stephen's Evangelical Lutheran Church v. Pierce
Court of Chancery of Delaware
Bill to Remove a Cloud on a Title.—The complainant, a corporation of the State of Delaware, was the owner of land situate in Wilmington, to which it had taken title under several indentures recited in the bill as follows: (1) Indenture dated May 4, 1872, and recorded in New Castle County in Deed Record W, Vol. 11, page 297, from Matthew J. Draper, and Susan Draper, his wife, to the Penn Loan Association, a corporation of the this State.
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Bill to Remove a Cloud on a Title.—The complainant, a corporation of the State of Delaware, was the owner of land situate in Wilmington, to which it had taken title under several indentures recited in the bill as follows: (1) Indenture dated May 4, 1872, and recorded in New Castle County in Deed Record W, Vol. 11, page 297, from Matthew J. Draper, and Susan Draper, his wife, to the Penn Loan Association, a corporation of the this State. (2) Indenture dated March 27, 1879, and recorded in New Castle County in Deed Record I, Vol. 11, page 450, from the Penn Loan Association to John H. Turner…
1Opinion of the Court
The Chancellor
was of opinion that the deed from Matthew J. Draper and wife, dated May 4, 1872, was intended to be a conveyance to the Penn Loan Association for its own use and behoof, although the actual language seemed to make William H. Pierce, as president of the corporation, the actual grantee and nominal cestui que use, but if he were to be considered ast the grantee, he was such only as a trustee for the Association, and his title was a mere naked legal title, so that upon proper application, a conveyance from him, or after his death, from his heir, should be decreed.
He considered that…
2Cases cited2 opinions
- Duffy v. CalvertCourt of Appeals of Maryland · 1848
- Lessee of Jenks v. BackhouseSupreme Court of Pennsylvania · 1803
3Cited by1 opinion
- Kempski v. LeszczynskiCourt of Chancery of Delaware · 1931