Irvine v. Dunham
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF CALIFORNIA. The bill of complaint in this case was filed by Dunham, the appellee, against Irvine, the appellant.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF CALIFORNIA. The bill of complaint in this case was filed by Dunham, the appellee, against Irvine, the appellant. It averred that .on March 28th, 1874, Irvine and one Richard H. Sinton were the ■joint and equal owners of one undivided half of the Morgan Mine in Calaveras County, in the State.of California; that the legal title to such undivided half was vested in Irvine, but was held by him in trust for himself and .Sinton equally, share and share alike; that the undivided half of the mine had been acquired by Irvine and…
1Opinion of the CourtJustice Woods
He stated the facts in the foregoing language and continued:
It is not disputed that the appellee has succeeded to all the rights of Sinton and Ihrie, if they had any, set forth in the bill of complaint. The question of fact at issue between the parties is, whether or not before the conveyance by the appellant. to the Morgan Mining Company of the Morgan Mine, he held the title to an undivided fourth of the mine in trust for Sinton.
The declaration of trust signed by Irvine on March 28th, 1874, unless impeached, is evidence which settles this question conclusively in favor of the appellee. The…
2Cases cited1 opinion
- Morgan v. Railroad Co.U.S. Circuit Court for the District of Louisiana · 1870
3Cited by12 opinions
- Citizens Banking Co. v. Monticello State BankCourt of Appeals for the Eighth Circuit · 1944
- Franz v. BuderCourt of Appeals for the Eighth Circuit · 1929
- Ingram v. LewisCourt of Appeals for the Tenth Circuit · 1930
- Kintner v. JonesIndiana Supreme Court · 1890
- Arnold v. Indemnity Fire InsuranceSupreme Court of North Carolina · 1910
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