Carroll County Academy v. Gallatin Academy Co.
Court of Appeals of Kentucky
Case 82—EQUITY— APPEAL PROM CARROLI. CIRCUIT COURT. 1. The Gallatin Academy Company (the plaintiff in the action) is dead. It was abandoned and dissolved over thirty years ago, and has had no existence since that time. This is alleged in the answer and is taken as true from the plaintiff’s failure to deny it. Civ.
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Case 82—EQUITY— APPEAL PROM CARROLI. CIRCUIT COURT. 1. The Gallatin Academy Company (the plaintiff in the action) is dead. It was abandoned and dissolved over thirty years ago, and has had no existence since that time. This is alleged in the answer and is taken as true from the plaintiff’s failure to deny it. Civ. Code, sec. 126; Bigelow on Estoppel (3d ed.), 484. 2. The appointment of the plaintiff trustees was null and void; consequently they have no standing in court to maintain this action. 3. No cause of action is stated in the petition. The clause of the deed upon which plaintiffs must…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion oe the coubt.
Plaintiffs allege that they are the trustees of the Gallatin Academy, by appointment of the Carroll County Court; that their corporation was the owner of a lot of ground in the town of Carrollton, which was unimproved by suitable buildings, and that in the year 1859 they conveyed this lot to the defendant, for a nominal consideration, upon condition that it should erect thereon suitable buildings for a high school, and that it should always thereafter be deA'oted to school purposes, whether retained by defendant, or be passed into other hands;…
2Cases cited3 opinions
- Raley v. Umatilla CountyOregon Supreme Court · 1887
- Greene v. O'ConnorSupreme Court of Rhode Island · 1892
- Curtis v. Board of EducationSupreme Court of Kansas · 1890
3Cited by19 opinions
- Fraley, Adm'r v. WilkinsonSupreme Court of Oklahoma · 1920
- Atlantic-Pacific Oil Co. v. Gas Development Co.Montana Supreme Court · 1937
- Carroll v. City of BeaumontCourt of Appeals of Texas · 1929
- Hollomon v. Board of EducationSupreme Court of Georgia · 1929
- Board of Councilmen v. Capital Hotel Co.Court of Appeals of Kentucky · 1920
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