Olympia Mining & Milling Co. v. Kerns
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, in and for the County of Shoshone. Hon. W. W. Woods, Judge. Action to enforce a trust. Demurrer to complaint sustained and judgment of dismissal entered.
Read the full summary
APPEAL from the District Court of the First Judicial District, in and for the County of Shoshone. Hon. W. W. Woods, Judge. Action to enforce a trust. Demurrer to complaint sustained and judgment of dismissal entered. Judgment There is nothing to prevent the owner of property from conveying it to a person in trust to convey to a corporation when organized, and, when the corporation is organized, it may compel the trustee to convey it in accordance with the terms of the trust deed. (Clark & Marshall, Private Corps., sec. Ill; Hecla etc. Min. Co. v. O’Neill, 65 Hun, 619, 19 N. Y. Supp. 592;…
1Opinion of the CourtSullivan, J.
This action was brought by the Olympia Mining & Milling Co., the cestui que trust or beneficiary, against the defendant as trustee, to enforce an alleged express trust in land. There was a demurrer to the complaint which was sustained by the court below and judgment of dismissal entered, from which judgment this appeal' was taken, the sole question being: Does the complaint state a cause of action and is the cause of action sought to be stated barred by the several statutes of limitations of this state?
This suit was originally commenced on May 29, 1905, by Clarence Cunningham’s causing a…
2Cases cited10 opinions
- Speidel v. HenriciSupreme Court of the United States · 1887
- Raymond v. FlavelOregon Supreme Court · 1895
- Settle v. WintersIdaho Supreme Court · 1886
- California Consolidated Mining Co. v. ManleyIdaho Supreme Court · 1905
- Coe v. SloanIdaho Supreme Court · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. RamirezIdaho Supreme Court · 1921
- Weinstein v. WeinsteinCourt of Appeals of Arizona · 2014
- Bruun v. HansonCourt of Appeals for the Ninth Circuit · 1939
- Ryan v. Old Veteran Mining Co.Idaho Supreme Court · 1923
- Chapin v. StewartIdaho Supreme Court · 1951
13 more not listed; retrieve them via the Exa API.