State Bank of Nauvoo v. Lobdell

There is no controversy as to the fact that the trust sought to be enforced was created as alleged and that anpellee Lobdell accepted it §,s trustee. The principal controversy between the litigants is as to whether this trust was afterward abandoned by all interested therein, and a new trust created in lieu thereof by the formation of the Bankers’ Land Association. Ho question is raised, or could be, as to the plain proposition of law that this trust, the creation of which is admitted, could not have been abrogated or merged in the proposed new trust arrangement, except by the consent of all…