Carey v. Cincinnati & Chicago Railroad
Supreme Court of Iowa
Appeal from, the Jones District Gourt. This was a bill in equity, to recover certain real estate in Jones county, or to set aside the conveyances thereof, and is placed upon the grounds: First, That the conveyance from the complainant was obtained by fraud and misrepresentation. Second, That tiie conveyance was made in trust, the objects of which have not been pursued, but, on the contrary, have been abandoned.
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Appeal from, the Jones District Gourt. This was a bill in equity, to recover certain real estate in Jones county, or to set aside the conveyances thereof, and is placed upon the grounds: First, That the conveyance from the complainant was obtained by fraud and misrepresentation. Second, That tiie conveyance was made in trust, the objects of which have not been pursued, but, on the contrary, have been abandoned. Thirds That the railway company, to which the real estate was conveyed, has become dissolved, and has ceased to exist, and that, therefore, the property reverts to the grantor. The…
1Opinion of the CourtWright, C. J.
Without considering in their order, the several causes of demurrer to complainant’s bill, we shall present generally the views which we entertain of the cause.
The general reference in the bill, to the laws of the state of Indiana, is not sufficient. If complainant would rely upon the fact, that the Cincinnati, New Castle and Michigan Bailroad Company, had failed to organize according to the laws of that state; or that it had conducted in such a manner, as that under, and by virtue of those laws, it had forfeited its charter, or ceased to have a corporate existence — the particular statute or…
2Cases cited4 opinions
- Slee v. BloomNew York Supreme Court · 1822
- Briggs v. PennimanCourt for the Trial of Impeachments and Correction of Errors · 1826
- Philips v. WickhamNew York Court of Chancery · 1829
- Bacon v. LeeSupreme Court of Iowa · 1857
3Cited by15 opinions
- Lyons-Thomas Hardware Co. v. Perry Stove Manufacturing Co.Texas Supreme Court · 1893
- Bank of Commerce v. FuquaMontana Supreme Court · 1891
- Gibson v. Chicago Great Western Railway Co.Supreme Court of Missouri · 1910
- Attorney General v. Chicago & Evanston RailroadIllinois Supreme Court · 1884
- North-Western Mutual Life Insurance v. LittleIndiana Supreme Court · 1877
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