Legal Opinion

Bowdoin College v. Merritt

U.S. Circuit Court for the District of Northern California

Decided July 23, 1894PublishedCited by 6 opinions

Action by the president and trustees of the Bowdoin College, and others, against James I\ Merritt, Frederick A. Merritt, and others, to remove a cloud from title. A demurrer to the bill was overruled (54 Fed. 55), and the cause was then heard on application to file a supplemental bill, and for an injunction.

1Opinion of the CourtMcKEHNA, Circuit Judge

(orally). The nature of this action has been heretofore defined by Judge HAWLEY (54 Fed. 55), in passing On the demurrer, as one to quiet title, and the facts have been so often stated that it is unnecessary to state them again.

The action is brought by the college and certain persons as bene*214ficiaries of a trust deed' made by one Catherine Garcelon to the defendants Stanley and Purington. The plaintiffs sue, for themselves and all others interested under the deed, to enjoin J. P. Merritt from asserting claim to' the property described in the deed, contrary to a contract it is alleged he made…

2Cases cited9 opinions

  1. Hawes v. OaklandSupreme Court of the United States · 1882
  2. Dodge v. WoolseySupreme Court of the United States · 1856
  3. Pacific Railroad v. KetchumSupreme Court of the United States · 1880
  4. Greenwood v. Freight Co.Supreme Court of the United States · 1882
  5. Davenport v. DowsSupreme Court of the United States · 1874

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3Cited by6 opinions

  1. President, Etc., of Bowdoin College v. MerrittU.S. Circuit Court for the District of Northern California · 1896
  2. Reed v. StanleyCourt of Appeals for the Ninth Circuit · 1899
  3. Redfield v. Baltimore & O. R. Co.U.S. Circuit Court for the District of Southern New York · 1903
  4. Reed v. StanlyU.S. Circuit Court for the District of Northern California · 1898
  5. Merritt v. President, Etc., of Bowdoin CollegeSupreme Court of the United States · 1898

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