Ogden v. McHugh
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on February 7, 1895*, by the heirs at law of Henry Ogden, against Margaret McHugh and the Union Savings Bank, to recover certain real estate alleged to have been acquired by the first named defendant through conveyance from Ogden by fraud and mistake. Hearing before Richardson, J., who found the following facts.
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Bill in equity, filed in the Superior Court on February 7, 1895*, by the heirs at law of Henry Ogden, against Margaret McHugh and the Union Savings Bank, to recover certain real estate alleged to have been acquired by the first named defendant through conveyance from Ogden by fraud and mistake. Hearing before Richardson, J., who found the following facts. In 1868 the defendant, Margaret McHugh, married James McHugh in Fall River, and they afterwards lived together there at short intervals until 1873. Henry Ogden, the father of the plaintiffs, who were his children by a deceased wife, knew…
1Opinion of the CourtBarker, J.
The decree dismissing the bill was right. If the plaintiffs, as heirs at law of their deceased father, could under any circumstances maintain a bill to set aside a deed which he had made in performance of a contract into which he had entered under a mistake, they have no better right than he would have if living. When he made the contract, and when he performed it by causing the land to be conveyed to the defendant Margaret McHugh, he knew of the fact that the only *279evidence of the death of her former husband was his absence from the year 1876 until the time of the marriage in 1888. He took…
2Cases cited2 opinions
- Cooper v. CooperMassachusetts Supreme Judicial Court · 1888
- Glass v. GlassMassachusetts Supreme Judicial Court · 1874
3Cited by15 opinions
- American Surety Co. v. ConnerNew York Court of Appeals · 1929
- Wolf v. FoxWisconsin Supreme Court · 1922
- Zytka v. DmochowskiMassachusetts Supreme Judicial Court · 1938
- Thomas v. DoyleCourt of Appeals for the D.C. Circuit · 1950
- Graham v. StantonMassachusetts Supreme Judicial Court · 1901
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