Trustees of the Internal Improvement Fund v. Gleason
Supreme Court of Florida
Appeal from Duval Circuit Court, Fourth Judicial Circuit. The Trustees of the Internal Improvement Fund, on the 4th of February, A. D. 1869, contracted with W. H.- Gleason to ditch and drain certain swamp and overflowed lands in the State of Florida, agreeing that whenever he should open or dig ditches or drains containing fifty thousand feet, cubic measure, and should make to the board a certificate of the tact, under oath, attested by the county surveyor or a magistrate,…
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Appeal from Duval Circuit Court, Fourth Judicial Circuit. The Trustees of the Internal Improvement Fund, on the 4th of February, A. D. 1869, contracted with W. H.- Gleason to ditch and drain certain swamp and overflowed lands in the State of Florida, agreeing that whenever he should open or dig ditches or drains containing fifty thousand feet, cubic measure, and should make to the board a certificate of the tact, under oath, attested by the county surveyor or a magistrate, duly qualified, of the county where such ditches or drains are located, and furnish such other testimony of the facts as…
1Opinion of the Court
WESTCOTT, J.,
delivered -the opinion of the court.
The appellants have alleged that the contract set up in the bill is illegal and void, is beyond their power as trustees, and that a court of equity will not decree performance upon their part. A trustee, who comes into a court of *398equity alleging want of power and illegality in his contracts in reference to the trust committed to his care, and who asks a court, for this reason, to deny relief to a- party who alleges performance upon his part, occupies a position which cannot'be commended. The trustee, however, is yet to be heard from, and his…
2Cited by5 opinions
- Morgan v. DunwoodySupreme Court of Florida · 1913
- Trustees of the Internal Improvement Fund v. St. Johns Railway Co.Supreme Court of Florida · 1878
- Day v. DevittNew Jersey Court of Chancery · 1911
- State Ex Rel. Freeling v. HowardSupreme Court of Oklahoma · 1918
- Hunt v. Board of Commissioners of Everglades Drainage DistrictSupreme Court of Florida · 1948