David v. Levy

Citations

• 119 F. 799
• 1903 U.S. App. LEXIS 5436

Syllabus

<p>1. Trust—Suit to Establish—Sufficiency of Bill.</p> <p>Allegations in a bill that in 1759 a number of persons of the Jewish faith in Newport, being desirous of establishing and owning a permanent place whereon they could erect a synagogue and conduct their worship according to the Jewish rites, purchased a tract of land, which was conveyed to three persons named, by a deed which contains no declaration of trust, and that a synagogue was erected thereon soon afterward, which has since been used as a place of public worship, do not support a further allegation that the grantees in the deed became joint tenants of the premises as trustees “for the Jews of Newport”; nor do they show in the complainants, who sue as individuals, conceding them to be “Jews of Newport,” any interest in the property, legal or equitable.</p> <p>? Equity—Grounds for Belief—Protecting Possession Obtained by Force.</p> <p>Complainants cannot invoke the aid of a court of equity to maintain them in the possession of property which they took by force from defendants, who are conceded to have been in possession under a deed purporting to convey to them the legal title, by enjoining defendants from prosecuting an action at law for its recovery.</p>