Hassam v. Barrett
Massachusetts Supreme Judicial Court
Bill in equity against the administrators and the heirs of George Barrett, deceased, to compel the reconveyance of a certain parcel of real estate, conveyed by the plaintiff to said Barrett by a deed absolute in form, but which the bill alleged was agreed between the parties to be security for a debt which the plaintiff owed Barrett.
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Bill in equity against the administrators and the heirs of George Barrett, deceased, to compel the reconveyance of a certain parcel of real estate, conveyed by the plaintiff to said Barrett by a deed absolute in form, but which the bill alleged was agreed between the parties to be security for a debt which the plaintiff owed Barrett. The bill did not allege that the agreement to that effect was in writing; the plaintiff offered to pay such sum as should be found due to the defendants. The defendants demurred to the bill assigning for grounds of demurrer, that the agreement set forth, being in…
1Opinion of the CourtWells, J.
The questions raised by this demurrer have been
discussed at length in the case of Campbell v. Dearborn, 109 Mass. 130, which was under consideration by the court when this case was argued. The decision in that case covers the ground of this and the demurrer must be Overruled.
The defendants having put in an answer, the case was heard before Morton, J., who reserved it for the consideration of the full court on the following report:
“ On January 8,1856, the plaintiff was the owner of the premises described in his bill, subject to a mortgage for $1500. He had a partner in business, who, for his…
2Cases cited2 opinions
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Blodgett v. HildrethMassachusetts Supreme Judicial Court · 1870
3Cited by22 opinions
- Gest v. GestSupreme Court of Connecticut · 1933
- Montuori v. BailenMassachusetts Supreme Judicial Court · 1935
- Balduff Et Ux. v. GriswoldSupreme Court of Oklahoma · 1900
- Clark v. SeagravesMassachusetts Supreme Judicial Court · 1904
- Walner v. CapronIndiana Supreme Court · 1946
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