Morris v. Nowlin Lumber Co.
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. Appellant Morris acquired the funds with .which he purchased the land on which the orphanage was built, and the funds with which it was built, as trust funds, in accordance with the discipline and canons of the Catholic Church. In equity, the property belongs to the Catholic Church, notwithstanding the fee is at law in the bishop.
Read the full summary
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. Appellant Morris acquired the funds with .which he purchased the land on which the orphanage was built, and the funds with which it was built, as trust funds, in accordance with the discipline and canons of the Catholic Church. In equity, the property belongs to the Catholic Church, notwithstanding the fee is at law in the bishop. Any attempt to divert it from the uses and purposes of the Church would be corrected or restrained by a court of equity. The bishop’s title is not different from that of other trustees. ’ 2 L. R.…
1Opinion of the CourtWood, J.
Appellant John B. Morris entered into a contract with Hugh McLennan to erect a building to be used as an orphanage. Appellees furnished to McLennan material which was used in the construction of the building. McLennan did not pay for the material. McLennan executed a bond to Morris with appellant bonding company as surety in which it undertakes that the contractor “shall pay off and discharge all claims for labor and material of whatever kind used in the construction of said building, * * * and shall turn over said building free and clear of all liens and incumbrances whatever, of mechanics…
2Cases cited15 opinions
- The Town of Pawlet v. D. CLARK & OTHERSSupreme Court of the United States · 1815
- Fordyce v. Woman's Christian National Library Ass'nSupreme Court of Arkansas · 1906
- Salyers v. SmithSupreme Court of Arkansas · 1900
- Tillar v. HenrySupreme Court of Arkansas · 1905
- Condit v. MaxwellSupreme Court of Missouri · 1898
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Crossett Health Center v. CroswellSupreme Court of Arkansas · 1953
- Bray v. TimmsSupreme Court of Arkansas · 1924
- O'Connor v. PattonSupreme Court of Arkansas · 1926
- Russellville Water & Light Co. v. SauermanSupreme Court of Arkansas · 1913
- Rector, Churchwardens & Vestrymen of the Church of the Nativity v. FlemingNew York Supreme Court · 1940
1 more not listed; retrieve them via the Exa API.