Legal Opinion

Phillips v. Browne

Supreme Court of Rhode Island

Decided May 4, 1897Published

Bill in Equity to establish and enforce a lien on real estate for labor and materials furnished.

1Per curiam

The bill does not charge actual fraud, and we are convinced that no intent to defraud the complainant existed in the minds of the defendant Browne or of the late Henry Pitman. All the parties evidently had confidence in Mr. Pitman’s ability to pay his debts at maturity, and it seems almost certain that this confidence would have been justified but for his untimely death.

But the circumstances of the case, as they appear from the pleadings and proof, we think, entitle the complainant to equitable relief. The land upon which he was expending labor and materials was conveyed to the defendant,…

2Cases cited2 opinions

  1. Trenton Banking Company v. . DuncanNew York Court of Appeals · 1881
  2. Beatty v. SweeneyMichigan Supreme Court · 1872

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