Albany College v. Monteith
Oregon Supreme Court
From Linn: William Galloway, Judge. Statement by Me. Chief Justice McBeide. This is a suit by the Board of Trustees of Albany College against C. M. Monteith, Lottie Pipe and J. V. Pipe, her husband, Arch Monteith and Shelia Monteith, his wife, Christine Keating and W. H. Keating, her husband, to quiet title.
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From Linn: William Galloway, Judge. Statement by Me. Chief Justice McBeide. This is a suit by the Board of Trustees of Albany College against C. M. Monteith, Lottie Pipe and J. V. Pipe, her husband, Arch Monteith and Shelia Monteith, his wife, Christine Keating and W. H. Keating, her husband, to quiet title. The facts are as follows: In August, 1869, Thomas Monteith and Christine Monteith executed and delivered to the plaintiff corporation a deed intended to convey four blocks of land in the City of Albany, of which deed the following, omitting the description, is a copy: “This indenture…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. The deed in question was evidently a gift for charitable uses. There is nothing to indicate that any consideration beyond the desire to aid in the maintenance of an institution of learning, moved the grantors to execute the conveyance. A conveyance for such purpose is a charitable gift. Miller v. Porter, 53 Pa. 292; Alfred University v. Hancock, 69 N. J. Eq. 470 (46 Atl. 178) ; Russell v. Allen, 107 U. S. 163 (2 Sup. Ct. 327: 27 L. Ed. 397) ; Webster v. Wiggin, 19 R. I. 73 (31 Atl. 824: 28 L. R. A. 510).
2. We will now consider the extent and nature of…
2Cases cited8 opinions
- Russell v. AllenSupreme Court of the United States · 1883
- Rogers v. Galloway Female CollegeSupreme Court of Arkansas · 1898
- Humphries v. Little Sisters of the PoorOhio Supreme Court · 1876
- Webster v. WigginSupreme Court of Rhode Island · 1895
- Miller v. PorterSupreme Court of Pennsylvania · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- New England Novelty Co. v. SandbergMassachusetts Supreme Judicial Court · 1944
- Lowell v. LowellArizona Supreme Court · 1925
- Kramer v. StateNevada Supreme Court · 1940
- Southwestern Presbyterian Univ. v. ClarksvilleTennessee Supreme Court · 1923
- Waller v. Lane CountyOregon Supreme Court · 1936
3 more not listed; retrieve them via the Exa API.