Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Tyler term, 1885, and the Galveston term, 1886. Volume 65. Page: 46
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46 PIERCE V. WEAVER. [Tyler Term,
Opinion of the court.
modious school building. Appellants alleged that appellees had
wrongfully converted the same to the use and benefit of the Sulphur
Springs District Conference of the M. E. Church, South, using the
same as a sectarian and denominational school and boarding-house,
and thereby diverting the same from the use and purpose of the
original trust. Appellants asked the court to cancel and hold for
naught the pretended claim of appellees, and to appoint trustees to
administer the trust; and that the trustees be placed in posession of
the premises to administer the trust for the use and benefit of the
white citizens of the city of Sulphur Springs for school purposes only.
Appellees answered, first, by general demurrer; second, by general
denial and plea of not guilty; third, by special answer, in which they
set up absolute title under deed from 0. S. Davis and others to the
Sulphur Springs District Conference of the M. E. 'Church, South, and
that appellees held the same as trustees for the Sulphur Springs District
Conference of the iV. E. Church, South.
On the call of this cause in the district court oh the 9th of April,
1885, the cause was tried by a jury, and a verdict was returned by the
jury for the appellees-finding for the appellees as to the possession
and control of the property described in plaintiffs' petition, and that
the title to the property had not been divested out of the beneficiaries
in the original donation; upon which judgment was rendered for
appellees, quieting them in their possession, and against appellants
for costs.
The appellees offered, on trial, in evidence, two certain instruments
in writing, purporting to be a relinquishment of all claim of one
hundred and seventy citizens of Sulphur Springs, to the Sulphur
Springs District Conference of the 1M. E. Church, South, by reason of
their contributing money to the erection of a school building upon
the premises in controversy, which instruments in writing were not
acknowledged or proven in any manner.
Harris & Leach, for appellant.
A. A. Henderson, E . B. Perkins and Terhune & Yoakum, for appellees,
cited: Perry on Trusts, secs. 285-287; Willard's Eq. Juris., 589.
STAYTON, ASSOCIATE JUSTICE.-One of the leading purposes of
this suit was to have trustees appointed to supply the vacancies
caused by the death or removal of the trustees named in the original
deed made by O. S. Davis, which, on its face, conveyed the land to
named trustees, to be by them held forever as a place whereon to
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Tyler term, 1885, and the Galveston term, 1886. Volume 65., book, 1886; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28509/m1/62/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .