Peirce v. Colcord
Massachusetts Supreme Judicial Court
Bill in equity by Jonathan Peirce and Hannah J. Peirce, his wife against the defendants, who were the administrator and the heirs at law of Joseph A. Colcord, alleging that the female plaintiff in May, 1868, was the owner in fee in her own right, of a house and land, in Salem, subject to a mortgage made by the plaintiffs to the Salem Savings Bank, to secure the note of Jonathan for $2500, dated July 13, 1857; that the tenants then occupying the house were the plaintiffs’…
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Bill in equity by Jonathan Peirce and Hannah J. Peirce, his wife against the defendants, who were the administrator and the heirs at law of Joseph A. Colcord, alleging that the female plaintiff in May, 1868, was the owner in fee in her own right, of a house and land, in Salem, subject to a mortgage made by the plaintiffs to the Salem Savings Bank, to secure the note of Jonathan for $2500, dated July 13, 1857; that the tenants then occupying the house were the plaintiffs’ relations, who, presuming upon that fact, neglected to pay the rent with promptness ; that the female plaintiff believing…
1Opinion of the CourtWells, J.
The statute of frauds forbids the maintenance of any action upon such an oral agreement as is set forth in this bill. There can be no decree for specific performance, therefore. ' The agreement cannot create an express trust; Gen. Sts. c. 100, § 19; and an implied trust cannot arise against the recitals, declarations and covenants of the plaintiff’s own deed. Blodgett v. Hildreth, 103 Mass. 484.
*375If the deed was not executed by the plaintiffs, or if it was obtained by fraud or deception, there is ample remedy at law.
The only mistake of fact shown by the bill is that the mortgage-was discharged…
2Cases cited1 opinion
- Blodgett v. HildrethMassachusetts Supreme Judicial Court · 1870
3Cited by3 opinions
- Howe v. HoweMassachusetts Supreme Judicial Court · 1908
- Gould v. LyndeMassachusetts Supreme Judicial Court · 1874
- Butler v. ThrelkeldSupreme Court of Iowa · 1902