Liggett v. Ladd

Citations

• 23 Or. 26
• 31 P. 81
• 1892 Ore. LEXIS 100

Syllabus

<p>1. Pleading — Amendments—Code, § 101. — A complaint maybe amended by changing a party from defendant to plaintiff, under 1 Hill’s Code, $ 101, perniitting pleadings to be amended by striking out or adding the name of a party.</p> <p>2. Idem. — An amendment to a complaint to set aside a deed to an agricultural college, alleging that a defendant college which held the land ir. trust for the plaintiff church is unwilling to execute the trust until judicial determination that its deed to the agricultural college is of no force, does not set up a new cause of action in making the trustee college-a plaintiff, instead of a defendant, and in alleging that such trustee is prevented by such deed from executing the trusts since the same evidence will support both complaints and the same measure of damages will apply to both.</p> <p>3. Agricultural College — Corporations — Power to Hold and Convey land. — Corvallis College, incorporated to hold property in trust for a certain church, for the support and spread of the Christian religion, and to endow, build up, and maintain a strictly literary institution for educational purposes, and which had been designated as the state agricultural college, although no agricultural college eo nomine was established, had power to take title to a farm paid for by subscriptions which were stated to be for the purpose of purchasing an agricultural farm for it, without holding subject to any trust in favor of the church, and upon discontinuing the teaching of agricultural subjects and returning to its original purpose of a strictly literary institution, it may convey such farm to the board of regents of the state agricultural college, which is a corporation capable of taking and holding the title.</p> <p>4. The board of regents of the state agricultural college is a corporation capable of taking and holding the title to real property. Dunn v. University of Oregon, 9 Or. 357, approved.</p>