Pipe v. Bateman
Supreme Court of Iowa
Appeal from the Lee District Court. This is a suit in chancery, to compel the conveyance of -certain real estate. The original bill was filed January 14, 1852, in tbe names of'“ Jonah. Pipe, and'William -H. Humph-reys, who sue in behalf of themselves and many other persons too numerous to bring before the court, constituting the members of -tbe British Emigrant Mutual Aid Society,” ^against Bateman and others.
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Appeal from the Lee District Court. This is a suit in chancery, to compel the conveyance of -certain real estate. The original bill was filed January 14, 1852, in tbe names of'“ Jonah. Pipe, and'William -H. Humph-reys, who sue in behalf of themselves and many other persons too numerous to bring before the court, constituting the members of -tbe British Emigrant Mutual Aid Society,” ^against Bateman and others. Two amended bills* were filed by .the complainants, all of which were answered by tbe respondents. Tbe eanse was heard upon the bills, answers, replication, and testimony, and a decree…
1Opinion of the CourtIsbell, J.
The question that naturally first arises in this case, is, are the petitioners entitled to relief in the character in which they come before the court ? or, in other words, are there proper parties to this bill? If this question should be found in the negative, it will dispose of the whole case.
There is no pretence set up that these petitioners are, or that this society or association is, incorporated. At most, the petitioners only constitute a voluntary association without franchises; yet they come before the court in the character of a society possessing corporate rights. True, they do not…
2Cases cited2 opinions
- Babb v. ReedSupreme Court of Pennsylvania · 1835
- Livingston v. LynchNew York Court of Chancery · 1820
3Cited by7 opinions
- Presbyterian Church v. HarkenSupreme Court of Iowa · 1916
- Zion Church of the Evangelical Ass'n of North America v. ParkerSupreme Court of Iowa · 1901
- Crawley v. American Society of Equity of North AmericaWisconsin Supreme Court · 1913
- Drake v. Board of TrusteesSupreme Court of Iowa · 1860
- Rose v. TreadwayNevada Supreme Court · 1868
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