New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-11-18

TS:. aisspi ss,- |, vel 3 The ospsy Of th eus-s
% Il he sss rs .s s.ss'e 81 rssse q s ss. s
the chin V made sought 20 b eufSet seEy 81 s-s
HSsiord az NishSsa psse rei cAsyDsa 80 Eossf'-'a.
he law Of ssts. e1eluae. .eo sous holding land. thea
sen ssnno, take. matter whs, b. The .w ~.
rot eny have been eIecusea and ssisd s.csr
and sOisanie. pry.sSsd b n. s~ q the rs ssi the
SsTsce no What nay Be the Ia~ q ths ic Sfths
'e;taiSr q de,es or srsss , '.s $3.50, s,ss .
then only the caPaey OF such eeo to .ke sad hs4d
s course bSos to the of,A stat. sssy -h,-
the reel situated 70 declare Ad spey me s- Oh tos
question Of Ire capacity riskt Of the claimant
Th Pns9 ard = The sHs' sss,. ss,s,
Estates esuntris and nom settled pnep' o.
In Ensana and in ,hi. cosa,ry the pucpe Be .sd :. -
practically without exceptions and % Ar has the Priae.Pe
Vsrda Firm s) ePiaion Court Of kas.
Beech ,nsi son sSrn Of Ssos,i.s gs9Ss ,S "a.
sge his parents there eeed net IS hs inherit .Hds IN M
Merton could heir nhea lands enle bern within
lawful wedlock after two Arguments alarmed By e hoa's
United State. the 'oyerssasy u he several s'.,e 10
quasd sy the oo5.i,ssa q shs Ss.s and AZ,
sdiction with the Courts real estates but M
states follows and applies the state law adopts the well
settcd Judicial By the State Court. Of the stale
@ III. A JJSs ~ state to % dss sa %AsSss The City q
S ss SSeS he s i SS ss 's
SoSL; q M'.SSn to dsnns .ss Ss 9SsSas q 70 's@
wi,hoS, Rising the question shsh.r ose sorporsu in
sane right to ihs that has the
real ~ls ae T ia . s. canned ~ such
hst for the Court ofth State g eons,ue - charter ard
sseh real estate Nicholson sgt Leay sandE sS SUBJ aad
s az ~ upon as sss sasO Se e.
effect or authority than the reasoning upon he may have
In s case the proceeding. and Judgment Of the Mis.our
Cogt in she action proceeding instituted IN Msoah o the
that appear from Transcript thereof properly uthent
Gated bit the grounds which the decscss made do not
sm Of the opinion that the City Leus could no, TAXA
and hiss right erneres in the real estate sought Il. be ps
toned IN this action for
FIRST Because BY her charter SHE no. authorized to take
hold such real estate either the trust for the and
pal mentioned IN the win any other OF papo
Sscnai Because BY OF this state whes tar Tea.
aor viii took effect aud s in force, TO
corporation could be valid unless such corporation
As 10 this second reason il cien 70 refer to The Law q
o SS not expressly saSorssd by e. chatter to ss ~ s
and that does not appear that there any statute Of ts Stale,
do no, 70 intimate the City Of ST. Louis h. been
expressly Authorized BY her ehsTter or y statute Of Mou1
question devee the law Of this State
con j. only Necessary to trsnscrbe t6ai poroa q the
charter giving the power to take aud hold property
hold properly real and personal within aid city sad mar
sell pose the for the benefit Of toe city aaa
You'd the city used burial 81 des
reception persons inflicted with contagious and osE diseases.
sell lease dispose OF such property for the benefit OF the cay
will be glance that not only tie purposes for
which he purchase receive and hold property bsyona the
property real aud beyond the limits Of The city must
enough the city admit Of Its being used OF held for
Il would appear by she sn,horiisds
S S s ss SR n ps is %
do think she Is authorized % the ,haer 70 receive or he'd
so sna purpose mentioned in the viii OK the ssssio
corporation derived from prescription ana resting upon tho
6ned powers taking and holding real estate On
resPeS. S1, ass s. pn o, o. law ss
those expressly granted BY the Legislature and such
people G H. co IS John TDs w
In Co sgt. ily, Cowen, 6'sl
Which the ak Il 81 Lori s ' y S RE ssss and hold
power purchase receive aud hold property beyond
limits the City for these and within the Cy s
oa CIR ss ss
hdpupOse and within the City except for the
Case last cited md Jackson srt Hsrwe John an Tru.-
My conclusion Ia therefore that the City ST. Louis cond
not and DID not axe s, IS Under the VIII q Bryan a
/ TO be paTtitioned IN this action.
But although the City OF ST. Louis had capacity TO sks
before the Of Owens the Missionary Society az New
York r. 800 there might have been question: Whether
devise gh not effect with the aid Of Ihs ss
ute Of va q E1sSs,h s';o%s however, that 4 settled 81
respects the real estate In h. State. such
The must be that ali the estate and Interest which the
had in the lands sOughto be Proned this acoa
as il he had made no win. '''-''
do not think that me provision Of the Revised statutes sbo
ishng and trusts except ssauhoed and modified therein.
Rev Stat TT See 4s Affects the question Of the validity Of
purpose upon and for which devise was made rom being
carried into effect 70 the real estate ia this State.
agree with whas l. said 20 that effect IN AxEes sy
Methodist Episcopal Church Sanford al Yates ag Yates
Bar6 Becknsn sgt Tbe People, "a Barb az % 9g, and
In other csses Wien the opinion Ia 5eckman
The People delivered announced my dissent from
portion OF the opinion stating the time that agreed p
the grounds upon which agreed which mainly were that
the teSor In that having beqeathed particular TOO
TO establis hen bat leaving the wholly
discretion Of h and the bequest Of the surplus
Of the dspen-ay aud the having enOaBced the trust,
could rot how The Cent soSs sRpsS S; ~ Iassss and
given his that for the Court 10 do appeared
10 me wond IN effect be making win for the sestator
male here, certainly rather Of place, be-
the opinion Of Judge Davies has been published
ph form reported the oPuou the Court whereas.
not only dd dissent bot Understood Judge Clsrke also 70
dissent nom that portion q te opinion Heose refsrredie
re expressed in Knken sgt Lutheran Church and In shot
ST. Mott IL. and 3D. ssndford On H. On the question O.
hIri too Il i fairy % be inferred from the eases Of WI
sst Williams. and Tucker agt s. Csmsns Church SET
denl Cou Of Appeals approved Of the views Of ycs
Chancellor SANFORD eIpfs.seS e tbs tive es,s before men
which Of real estate Gloss examination must be
conceded g be decision Or The ysEy snssIsa 8,
Louis; MI Bidwel the defendans james ciemnaon .
sad hi. infant children.
SUPERIOR coURT-TgIAL Term-Nor. lL--Beforo Justice
DAMAGES PERSONAL IsJURIEs.
Henry Appel at James Hume;
In this case reported Wednesday, the jury found
verdict for ths plaintiff win b remembered that
the plaintiff claimed damages for injuries reeeiyed By BIN In fall
ing excavation In ffont Of the building No. i ChaHhss
''''' SPECIAL Tus.-Befors Justice PuHKzrOsr