Legal Opinion

President & Trustees of Bowdoin College v. Merritt

U.S. Circuit Court for the District of Northern California

Decided February 3, 1893PublishedCited by 12 opinions

In Equity. Bill by the President and Trustees of Bowdoin College and others against James P. Merritt, Frederick A. Merritt, and others to remove a cloud on the title to certain property in which the complainants are interested as beneficiaries. Heard on demurrer. Statement by HAWLEY, District Judge.

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In Equity. Bill by the President and Trustees of Bowdoin College and others against James P. Merritt, Frederick A. Merritt, and others to remove a cloud on the title to certain property in which the complainants are interested as beneficiaries. Heard on demurrer. Statement by HAWLEY, District Judge. This is a suit in equity brought by the President and Trustees of Bowdoin College, a corporation, and 50 different individuals, suing in behalf of themselves and of all other beneficiaries of the trust deed made and executed by the late Catherine M. Garcelon to John A. Stanly and Stephen W.…

1Opinion of the Court

HAWLEY, District Judge,

(orally.) My conclusions are that, when all the facts alleged in the bill, including the exhibits incorporated in oo* attached to the hill, and made part thereof, are considered, it affirmatively appears that the subject of the entire negotiation between Catherine M. Garcelon and her nephews, James *59P. and Frederick A. Merritt, was the' real and personal property which was owned toy Samuel Merritt at the time of his death; that the sole contention between the parties which resulted in. the compromise was in relation to this specific property; that the contracts,…

2Cases cited5 opinions

  1. Payne v. HookSupreme Court of the United States · 1869
  2. Hotel Co. v. WadeSupreme Court of the United States · 1878
  3. Grant v. Phœnix Life InsuranceSupreme Court of the United States · 1887
  4. Fleming v. HoltWest Virginia Supreme Court · 1877
  5. First Baptist Church v. BranhamCalifornia Supreme Court · 1891

3Cited by12 opinions

  1. Munson v. MarksSupreme Court of Colorado · 1912
  2. Lancaster v. HunterCourt of Appeals of Texas · 1919
  3. Galveston-Houston Electric Ry. Co. v. ReinleCourt of Appeals of Texas · 1924
  4. Galveston, H. & S. A. Ry. Co. v. MallottCourt of Appeals of Texas · 1928
  5. President, Etc., of Bowdoin College v. MerrittU.S. Circuit Court for the District of Northern California · 1896

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