Legal Opinion

Graves v. Graves

Superior Court of New Hampshire

Decided December 15, 1854Published

In Chancery. The bill (filed January, 1851,) sets forth that the plaintiff, William Graves, on the 12th of December, 1835, was seized in his own right in fee simple of a tract of land in Bradford, containing eighty-six acres, more or less, being lot No. 85, in the southwesterly corner of Bradford.

Read the full summary

In Chancery. The bill (filed January, 1851,) sets forth that the plaintiff, William Graves, on the 12th of December, 1835, was seized in his own right in fee simple of a tract of land in Bradford, containing eighty-six acres, more or less, being lot No. 85, in the southwesterly corner of Bradford. On that day, by his deed duly executed, he conveyed the premises to Thaddeus'Graves, who never, in fact, paid any consideration for the land or the conveyance, but the land continued and still is the property of the plaintiff. The ¡Üeed was intended to be and was a conveyance of the land to…

1Opinion of the CourtBell, J.

By the statute of frauds in force here at the time of this transaction, which was in the same terms as the statute 29 Cha. 2, ch. 3, §§ 7, 8, a"nd which is believed to be unchanged in its legal effect by our present statute, Rev. Stat. eh. 130, § 13, no trust concerning real estate, excepting such as may arise or result by implication of law, shall be created or declared, unless by writing. No parol evidence shall be received to prove any conveyance to be made in trust, except in trusts resulting by operation of lav/. Of such resulting trusts there are many cases stated in our books, where…

2Cases cited4 opinions

  1. Pritchard v. BrownSuperior Court of New Hampshire · 1828
  2. Page v. PageSuperior Court of New Hampshire · 1836
  3. Scoby v. BlanchardSuperior Court of New Hampshire · 1825
  4. Brooks v. FowleSuperior Court of New Hampshire · 1843

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API