[Download] "Demos v. Doepker" by Supreme Court of Montana " Book PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Demos v. Doepker
• Author : Supreme Court of Montana
• Release Date : January 17, 1944
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Submitted January 21, 1944. Receivers — Mines and Mining — Common Law Trusts — Board of Trustees Unable to Work in unison — Remedy Provided by Trust Agreement — Appointment of Receiver Unwarranted. Receivers — Mining Property — Common Law Trusts — Dissension among Board of Trustees — When Receivership Improper Remedy. 1. In an action to quiet title to mining property owned by a common law trust in charge of five trustees, the interest of one of whom. in the property, absent from the state, was claimed to have been acquired by one of the defendants who filed a cross-complaint praying that his interest be established and that a receiver be appointed because the remaining four trustees were equally divided on business matters relating to the trust and the working of the property, thus resulting in a damaging deadlock or impasse, the aid of the courts should not be invoked until the remedy provided by the trust agreement declaring that the decision of the majority of the trustees shall constitute their action, and that if a trustee be absent from a meeting his written or telegraphic proxy to any other trustee shall have the same force and effect as though he were personally present and voted, has been exhausted. Same — Evidence — Transfer of Interest in Trust by Trustee — Evidence — Admission of Oral Testimony held Error. 2. Where the only written evidence of title to an interest in a common law trust, asserted by a cross-complainant in an action to quiet title, seeking the appointment of a receiver for the trust for the reason set forth above, was the assignment of two causes of action by the absent trustee against the trust, admission of oral testimony that a settlement of such actions had been made to the effect that cross-complainant was entitled to the interest of the absent trustee, upon which the court must have relied in appointing a receiver, was error. Same — Common Law Trusts — Vacancy in Board of Trustees — District Court may appoint Successor, when. 3. If one of five trustees of a common law trust covering mining property transfers his interest in the trust and because thereof an impasse exists in the board, the other four trustees standing two and two in passing upon business matters of the trust, the district court may, under section 7925, Revised Codes, whenever there is such a vacancy and the declaration of trust does not provide a practicable method of appointment, appoint a successor.

Books Free Download "Demos v. Doepker" PDF ePub Kindle