Legal Opinion

Cunningham v. Bright

Massachusetts Supreme Judicial Court

Decided November 26, 1917PublishedCited by 18 opinions

Petition, filed in the Land Court on November 28, 1910, and amended on April 5, 1915, by the trustee under an agreement dated January 23, 1903, creating a trust called the Marblehead Associates, praying for an order cancelling the memoranda of an attachment and of a sheriff’s deed upon the certificate of title issued by the Land Court to Charles D. Wainwright as trustee of the Marblehead Associates and for the issuing to the petitioner of a new certificate of such title free…

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Petition, filed in the Land Court on November 28, 1910, and amended on April 5, 1915, by the trustee under an agreement dated January 23, 1903, creating a trust called the Marblehead Associates, praying for an order cancelling the memoranda of an attachment and of a sheriff’s deed upon the certificate of title issued by the Land Court to Charles D. Wainwright as trustee of the Marblehead Associates and for the issuing to the petitioner of a new certificate of such title free from incumbrances. The case was heard by Dams, J. The evidence is described in the opinion. The petitioner asked the…

1Opinion of the CourtRugg, C. J.

This is a petition in the Land Court by the present trustee, of the Marblehead Associates to expunge from the certificate of title issued in the name of Charles D. Wainwright, as former trustee of the same associates, an attachment and sheriff’s deed to the respondent. The’pertinent facts are that Wainwright bargained for the purchase of a tract of land in Marblehead to be developed for dwelling house purposes. He paid a part of the purchase. price in cash and a straw man at his request gave a mortgage for the balance. He caused an agreement and declaration of trust, similar to that in…

2Cases cited9 opinions

  1. Sears v. ChoateMassachusetts Supreme Judicial Court · 1888
  2. Pacific National Bank v. WindramMassachusetts Supreme Judicial Court · 1882
  3. Hussey v. ArnoldMassachusetts Supreme Judicial Court · 1904
  4. Thompson v. DolliverMassachusetts Supreme Judicial Court · 1882
  5. Frazee v. NelsonMassachusetts Supreme Judicial Court · 1901

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3Cited by18 opinions

  1. Vittands v. SudduthMassachusetts Appeals Court · 2000
  2. Gardiner v. RogersMassachusetts Supreme Judicial Court · 1929
  3. Druker v. State Tax CommissionMassachusetts Supreme Judicial Court · 1978
  4. PLANNING BOARD OF NORWELL v. SerenaMassachusetts Appeals Court · 1989
  5. Stevens v. FelmanIllinois Supreme Court · 1930

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