Name: McGoon v. Scales — Opinion of the Court
Author: Samuel Freeman Miller

Quotes from McGoon v. Scales — Opinion of the Court (Samuel Freeman Miller)

Samuel Freeman Miller, McGoon v. Scales — Opinion of the Court

“ By passive trusts we mean those which are express, or created by the words of some deed or other instrument of writing, and not those arising or resulting by implication of law. Every express passive trust is abolished, and the deed or instrument by which it is created, or attempted to be, takes effect as a conveyance directly to the cestui que trust in whom the legal title vests, and the trustee acquires no estate or interest whatever. ”

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Source: Wikisource

Samuel Freeman Miller, McGoon v. Scales — Opinion of the Court

“ The bank buys the land of Gear of fifty thousand dollars, the amount of its debt against Gear, which is thereby satisfied. Campbell does not sign the deed or accept the trust otherwise than by silence. If the land is not sold, he holds the naked legal title to the use of the bank and its assigns. The only possible event in which he may be called into action is on a sale of the land. It is equally clear, that in this sale the only part to be performed by him was to make conveyance. ”

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Source: Wikisource

Samuel Freeman Miller, McGoon v. Scales — Opinion of the Court

“ The shortest and most satisfactory mode of showing the reasons for our judgment is to examine the title of defendant, which the jury were told was the true one.
If the attachment proceedings conveyed a good title, it must prevail; and we proceed to an examination of some of the objections to it. ”

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Source: Wikisource

Samuel Freeman Miller, McGoon v. Scales — Opinion of the Court

“ There can be no question of the right of the legislature of Wisconsin to pass such laws as will subject property within her territory, held or owned by non-residents, to the payment of the debts of such owners ”

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Source: Wikisource

Samuel Freeman Miller, McGoon v. Scales — Opinion of the Court

“ He is to sell for such sum or sums as shall be directed by the president, directors, &c., of the bank, and they are to receive the proceeds of sale. In other words, they find a purchaser at such price as they may be willing to take, they receive the purchase-money, and Mr. Campbell makes a conveyance. It is difficult to conceive of a more passive trust, or one in which the trustee may be called upon to do less than in this.
A case decided recently by the Supreme Court of Wisconsin is produced to us in manuscript, and much relied on as holding views adverse to those above stated. ”

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Source: Wikisource

Samuel Freeman Miller, McGoon v. Scales — Opinion of the Court

“ The constitutionality of this act is denied; but no provision of the constitution of Wisconsin or of the United States is pointed out which is opposed to such legislation. It would, on the contrary, be a strange defect in the legislative power if, under such circumstances, a State could not frame laws which would enable her citizens to subject the lands of a corporation whose charter had expired to the debts which it owed to her citizens.
3. It is said that the judgment under which this sale was made was reversed, and this is true. ”

Samuel Freeman Miller

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Quotes from McGoon v. Scales — Opinion of the Court (Samuel Freeman Miller)

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Samuel Freeman Miller

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Quotes from McGoon v. Scales — Opinion of the Court (Samuel Freeman Miller)

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Get perspective with Kwize: daily news enlightened by great literature