Porter v. Howes
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on October 12, 1907, alleging an equitable mortgage created by the conveyance on January 25, 1876, by the plaintiff to the defendant Howes of a certain parcel of real estate on Bremen Street in that part of Boston called East Boston, and by an instrument executed by the defendant Howes on the same day as follows: “ Boston, Jan. 25, 1876. Reed of Edward F. Porter a deed of real estate in East Boston consisting of a lot of land and…
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Bill in equity, filed in the Superior Court on October 12, 1907, alleging an equitable mortgage created by the conveyance on January 25, 1876, by the plaintiff to the defendant Howes of a certain parcel of real estate on Bremen Street in that part of Boston called East Boston, and by an instrument executed by the defendant Howes on the same day as follows: “ Boston, Jan. 25, 1876. Reed of Edward F. Porter a deed of real estate in East Boston consisting of a lot of land and stable thereon, apd which is to be reconveyed to him on payment of all indebtedness to me and G. A. Somerby & Sohier &…
1Opinion of the CourtMorton, J.
The plaintiff contends that the deed from him to the defendant Howes, and the agreement signed and delivered by the respondent to the plaintiff, which the judge found was a part of the same transaction with the execution and delivery of the deed, together constituted either an equitable mortgage or a conveyance in trust, and he seeks an accounting by the defendant Howes, whom we shall speak of as the defendant, and a reconveyance upon payment by him of what, if anything, shall be found due from him to the defendant.
The case was heard by a judge of the Superior Court upon oral evidence which…
2Cases cited4 opinions
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Reed v. ReedMassachusetts Supreme Judicial Court · 1874
- Jennings v. DemmonMassachusetts Supreme Judicial Court · 1907
- McDonough v. SquireMassachusetts Supreme Judicial Court · 1872
3Cited by4 opinions
- Moss v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1923
- Matthys v. First Swedish Baptist ChurchMassachusetts Supreme Judicial Court · 1916
- Frederick v. LetteneyMassachusetts Supreme Judicial Court · 1913
- Brown v. HallgreenMassachusetts Supreme Judicial Court · 1921