Episcopal City Mission v. Brown
Supreme Court of the United States
•APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. On March 1, 1877, George W. Meserve mortgaged to the Episcopal City Mission, a Massáchusetts corporation, certain lots in the city of Boston, which were designated as “ lots 3 and 4.” The mortgages were for the sum of $19,500 on each lot. ■On the same day Meserve conveyed these lots to Lucy T. Brown, the wife of J.ohn B. Brown.
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•APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. On March 1, 1877, George W. Meserve mortgaged to the Episcopal City Mission, a Massáchusetts corporation, certain lots in the city of Boston, which were designated as “ lots 3 and 4.” The mortgages were for the sum of $19,500 on each lot. ■On the same day Meserve conveyed these lots to Lucy T. Brown, the wife of J.ohn B. Brown. The consideration of the conveyance was $30,000, “ to me paid by said Lucy T. Brown, wife of John B. Brown.” After referring to the-mortgages above mentioned, the deed 'contained…
1Opinion of the CourtJustice White
Whatever be the obligations created by the assumptions contained in the deeds to Mrs. Brown, and the bond which was furnished by Brown, it is clear that the Mission has only the rights of Meserve, and therefore can assert only such cause of action, legal or equitable, as Meserve may possess. Kelley v. Ashford, 133 U. S. 610; Willard v. Wood, 135 U. S. 309. The corporation being thus limited to the rights which it takes from Meserve, is clearly subject to all set-offs existing ber tween Meserve and Brown. The proof leaves no doubt that the deed to Mrs: Brown was made without her consent, and…
2Cases cited2 opinions
- Keller v. AshfordSupreme Court of the United States · 1890
- Willard v. WoodSupreme Court of the United States · 1890
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- Shirley v. CoffinTexas Supreme Court · 1910
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