Railroad Co. v. Durant
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the District of Nebraska. This was a bill in equity by the Union Pacific Railroad Company against Thomas C. Durant, to compel his conveyance to the company of certain lots and lands; The case made by the complainant, in its bill, is substantially this: That in the month of November, 1863, the Union Pacific Railroad Company, having commenced surveys at or in the vicinity of Omaha, for the purpose of ascertaining the best'…
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Appeal from the Circuit Court of the United States for the District of Nebraska. This was a bill in equity by the Union Pacific Railroad Company against Thomas C. Durant, to compel his conveyance to the company of certain lots and lands; The case made by the complainant, in its bill, is substantially this: That in the month of November, 1863, the Union Pacific Railroad Company, having commenced surveys at or in the vicinity of Omaha, for the purpose of ascertaining the best' point for the location of the eastern terminus of its road, and the most practicable route thence westward, certain…
1Opinion of the CourtJustice Swayne
There are no questions of law or fact of any difficulty in this case. A brief opinion will be sufficient to dispose of it.
An examination of the record has satisfied us that the consideration for the conveyances to the appellee proceeded wholly from the appellant; that the, appellee took the titles in trust; that he was a trustee; that the appellant was the cestui que trust ; and that the appellee has stood in that relation ever since the conveyances were executed .to him, and that he still holds the premises in that capacity. This is the whole case. The claim of the appellee that he- took the…
2Cases cited3 opinions
- Brooks v. MartinSupreme Court of the United States · 1864
- McBlair v. GibbesSupreme Court of the United States · 1855
- Duncan v. JaudonSupreme Court of the United States · 1873
3Cited by54 opinions
- Speidel v. HenriciSupreme Court of the United States · 1887
- Hayden v. ThompsonCourt of Appeals for the Eighth Circuit · 1895
- Dent v. FergusonSupreme Court of the United States · 1889
- Pittsburg Mining Co. v. SpoonerWisconsin Supreme Court · 1889
- McLeod v. DespainOregon Supreme Court · 1907
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