Missouri Historical Society v. Academy of Science
Supreme Court of Missouri
Appeal from St. Lotois City 'Circuit Court. — Hon. GL W. Lubke, Judge. (1) The plaintiff took no title by the deed of 1872, because it was not then a corporation. Hurt v. Saulsbury, 55 Mo. 310; Ferris v. Thaw, 72 Mo. 449; Richardson v. Pitts, 71 Mo. 128 ; Douthat v. Stinson, 63 Mo. 278; Grimes v. Harmon, 35 Ind. 198. (2) The plaintiff is not a charity. 2 Story’s Eq. Jur.
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Appeal from St. Lotois City 'Circuit Court. — Hon. GL W. Lubke, Judge. (1) The plaintiff took no title by the deed of 1872, because it was not then a corporation. Hurt v. Saulsbury, 55 Mo. 310; Ferris v. Thaw, 72 Mo. 449; Richardson v. Pitts, 71 Mo. 128 ; Douthat v. Stinson, 63 Mo. 278; Grimes v. Harmon, 35 Ind. 198. (2) The plaintiff is not a charity. 2 Story’s Eq. Jur. (13 Ed.) 1156, et seq., note a; Thompson v. Shakespeare, 1 John. 612; 6 Jurist (N. S.) 118, 281 ; 2 Perry on Trusts, •secs. 710, 711. (3) Plaintiff’s bill should be dismissed, because it seeks to divert the property to other…
1Opinion of the CourtShebwood, J.
This proceeding in equity was instituted for the purpose of asserting and having enforced the rights of plaintiff and of the Academy of Science in a certain lot in the city of St. Louis, which lot was conveyed to the said institutions by deed of J. H. Lucas, dated in 1872, and by a'deed from his heirs'in 1878. The deed of J. H. Lucas was accepted by the said societies by indorsement on the deed, possession taken of the lot, and the tenant of Lucas attorned to. the societies with his consent, and such tenant accepted a lease from them thereunder and paid them rent, and .such rent was paid by…
2Cases cited13 opinions
- VIDAL v. Girard's ExecutorsSupreme Court of the United States · 1844
- Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
- Ould v. Washington Hospital for FoundlingsSupreme Court of the United States · 1877
- Russell v. AllenSupreme Court of the United States · 1883
- Chambers v. City of St. LouisSupreme Court of Missouri · 1860
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3Cited by38 opinions
- Harrington v. PierWisconsin Supreme Court · 1900
- Los Angeles County Pioneer Society v. Historical SocietyCalifornia Supreme Court · 1953
- Lackland v. WalkerSupreme Court of Missouri · 1899
- In Re RahnSupreme Court of Missouri · 1927
- Richards v. WilsonIndiana Supreme Court · 1916
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