Carter v. Walker

Maxwell, Judge:

The problem for decision is whether the plaintiff is the beneficial owner of designated real estate by virtue of a resulting trust asserted by him. From a decree in plaintiff’s favor, this appeal is prosecuted by an opposing claimant of a fee simple interest in the property.

In 1920 the real estate in question, residential property in the town of Malden, was conveyed by Robert B. Putney and others to Susan E. Carter, wife of R. M. Carter, the plaintiff. The deed recites a consideration of $1100.00 paid in cash by the grantee. R. M. Carter, the plaintiff, and his wife occupied…