Daily capital journal. (Salem, Oregon) 1903-1919, 1913-03-11
ALBANY COLLEGE
CAN SELL THE LAND
Supreme Court Holds 1t Is Owner In
Fee-Seven Other Cases Decided
This Morning.

ThlS Morning,
Holding that Albany college had a
right to sell the involved land and use
the proceeds for the improvement Of
the institution, If the land was not sold
to a religious denomination other than
the Presbyterian church, the supreme
coult this morning, in an opinion writ
ten by Justice Mcbride, affirmed the
opinion cf The lower court for Linn
county, IN rne case of the boacd o.
trustees Of Albany college, respond
ents, against c. NJ. Monteith, ct al, ap-
pelants.
The MOnte'ths, in 1869, delivered to
the college a deed to four blocks Of
land in Albany. BY mistake two of
the blocks we're omitted from the de-
scription, but the plaintiff took pos
session of the land, and used it until
the commencement Of the suit shortly
after January /, 1918. The intent on
the part of the grantors, to convey to
the college all Of the land now occu-
pied and claimed by the college, is
not questioned by the defendant, but
when the college recently purchased
other property presumably with the
intention of disposing Of some Of the
land decided by the Monteiths, the lat
ter declared that the college was not
the owner in fee simple, and asked for
decision of the court, declaring the
college trustees to be trustees of the
property, and for a dismissal Of the
suit. The court decreed that the col
lege was the owner Of the land in fee
simple.
In his opinion, Justice Mcbride holds
that the deed was a gift for charitable
purposes, and that the college has
power to sell the land, as lonC as 1t Is
not sold to a religious denomination
other than the Presbyterian church, It
is held that the sale would not be In
violation Of the trust, and that any
POUNDS derived from the sale are i'm
pressed with the original trust, and
must be applied TO the improvement
Of the college, as designated in the
deed.
Waring Case Remanded,
An opinion written by Justice Bean
remands to the lower court the case
of W. w. Walker, ct al, respondents
against ]. D. Waring and the Capital
City Nursery Co, appellants, an action
for the collection $339S7G.
The remanding carries directions to
credit the defendants in the case with
that amount and TO enter Judgment
for the balance.
Other opinions handed down today
we're the following:
John Deckenbach, ct al, appellants
against Johanna Deckenbach, re-
spondent, Multnomah county, affirmed
Justice Burnett
c. A. Moore and L. L. Foster, plain
tlffs and appellants against the United
Elkhorn Mines, respondents, Baker
county, petition for rehearlng denied
Justice Mcbride.
Dan r. Murphy plaintiff and appel
liant, against Lydia c, Tlllson and An.
ma b. Smith, defendants and respond.
cts, Multnomah county, affirmed
Justice Eakin.
Chasteen Hughes, John Bird and W
II. Parker, plaintiffs and appellants
against Evan Evans, defendants and
respondents. Polk county, affirmed
Jnctlce Eakin. This case was an ac.
ton to collect a commission for the
sale Of real estate The court declared
the contract void
NJ. Yasui, respondent against A, e
Tlallam, ct al, appellants, Hood River
county, reversed Justice Moore