Kerrison v. Stewart
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the District of South Carolina.. Edwin L. Kerrison and Herman Leiding, of Charleston, S. C., May 1, 1867, conveyed' to Charles Kerrison, in trust, the real estate in controversy in this suit, by deed, the material parts of which are as follows: — - “ This deed of two parts, made this first day of May, in the year of our Lord one thousand eight hundred and sixty-seven, between Edwin L. Kerrison and Herman Leiding, of the…
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Appeal from the Circuit Court of the United States for the District of South Carolina.. Edwin L. Kerrison and Herman Leiding, of Charleston, S. C., May 1, 1867, conveyed' to Charles Kerrison, in trust, the real estate in controversy in this suit, by deed, the material parts of which are as follows: — - “ This deed of two parts, made this first day of May, in the year of our Lord one thousand eight hundred and sixty-seven, between Edwin L. Kerrison and Herman Leiding, of the city of Charleston, in the State aforesaid, lately trading together as merchants,, copartners, under the name and style…
1Opinion of the CourtChief Justice Waite
The first question to be considered in this case is, whether the creditors of Kerrison & Leiding, who claim the benefit of the trust created by the deed to Charles Kerrison, are concluded by the decree against him in the State court. If they are, the decree of the Circuit Court must be affirmed.
It cannot be doubted, that,'under some circumstances, a trustee may represent Ms beneficiaries in all things relating to their common interest in the trust property. - He may be invested with such powers and subjected to such obligations that those, for whom he holds will be bound by what is doné…
2Cases cited2 opinions
- Rogers v. RogersNew York Court of Chancery · 1831
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