Lemoine v. Dunklin County
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Missouri. Statement by Caldwell, Circuit Judge: This is a suit in equity commenced on the 2d day of July, 1888, in the circuit court of the United States for the eastern district of Missouri, by the appellant, Louis It.
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Appeal from the Circuit Court of the United States for the Eastern District of Missouri. Statement by Caldwell, Circuit Judge: This is a suit in equity commenced on the 2d day of July, 1888, in the circuit court of the United States for the eastern district of Missouri, by the appellant, Louis It. Lemoino, against Dunklin comity, the appellee, to compel the county to convey to the appellant about 17,000 ¡teres of land, which the bill alleges the county holds in trust for the appellant, and to require the county to account for the proceeds of such of said lands as it has sold. The lands in…
1Opinion of the CourtCaldwell, Circuit Judge
The relation between the vendor and vendee of lands under an ex-ecutory contract to convey is that of trustee and cestui que trust of an express trust. This was the relation established between the county and the holder of these certificates. There has been contention at the bar whether such a trust is an express or an implied trust. Calling it by either name wall not change its nature or vary the rights and obligations of the parties. By whatever name called, it is a trust which imposed on the county the obligation to convey the lands to the holders of the certificates, and to hold the legal…
2Cases cited13 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Galliher v. CadwellSupreme Court of the United States · 1892
- Felix v. PatrickSupreme Court of the United States · 1892
- Godden v. KimmellSupreme Court of the United States · 1879
- Hayward v. National BankSupreme Court of the United States · 1878
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Russell v. ToddSupreme Court of the United States · 1940
- Kelley v. BoettcherCourt of Appeals for the Eighth Circuit · 1898
- City of Roswell, N.M. v. Mountain States Telephone & Telegraph Co.Court of Appeals for the Tenth Circuit · 1935
- Steinbeck v. Bon Homme Mining Co.Court of Appeals for the Eighth Circuit · 1907
- Wetzel v. Minnesota Railway Transfer Co.Court of Appeals for the Eighth Circuit · 1894
15 more not listed; retrieve them via the Exa API.