Hill v. McGarvey

• Decision Date: 14 May 1892
• Citation: 19 S.W. 586
• Parties: Hill et al. v. McGarvey et al.
• Court: Kentucky Court of Appeals

19 S.W. 586

Hill et al. v. McGarvey et al.

Court of Appeals of Kentucky.

May 14, 1892

Appeal from circuit court, Henry county.

"Not to be officially reported."

Suit by B. F. Hill and others against J. W. McGarvey and others to determine the validity of a sale of lands from defendants to plaintiffs. From a judgment confirming the sale, plaintiffs appeal. Affirmed.

PRYOR J.

In the month of November of the year 1885, J. W. McGarvey and others, who were then trustee of the Christian Bible College purchased of one Bernard Gains a lot of ground, with numerous buildings upon it, lying in the town of Newcastle, and once known as the "Henry Male and Female College," with a view of establishing a college for the education of colored men for the Christian ministry. The fund from which the purchase was made consisted of voluntary contributions made by the various churches of the denomination known as "Christians," and by the individual members. The money thus contributed was placed under the control of the Bible College trustees, to use, manage, and control for the purposes contemplated by the donors. The college seems never to have prospered, and, although every effort was made to make it what its founders and patrons desired, the effort resulted in a complete failure. The trustees of the Bible College, and those interested in the school, laboring under the belief that they had the power to sell the lot and the improvements, and reinvest the funds for similar purposes and in a location where no hostility existed on the part of the inhabitants to such an enterprise, sold its entire property to the appellant B. F. Hill, by a written contract and for a full consideration, delivering to him the possession. Some question arising as to the right of the trustees to sell so as to pass a perfect title, this action in equity was instituted, that the chancellor might be consulted, and the sale to Hill confirmed, if in his opinion the trustee had the power to sell, and their action was to the interest of the parties concerned. The donors of the fund being numerous, one or more of them were made defendants with the power conferred of defending for all, and the case submitted on the pleadings and the proof.

It appears from the testimony of various witnesses that the undertaking was a failure, and such a result is to be attributed, as the proof conduces to show, more to the prejudice of the people living in the...