Woburn National Bank v. Woods
Supreme Court of New Hampshire
Bill in Equity, brought by an attaching creditor of William A. Woods, and seeking to have land standing in the name of Adeline B. Woods decreed to be the property of William. Trial by the court. Upon the facts hereinafter stated, it was found that the bill should be dismissed. Transferred from the September term, 1911, of the superior court by Chamberlin, J., on the plaintiff’s exceptions to the findings and to the admission of certain testimony.
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Bill in Equity, brought by an attaching creditor of William A. Woods, and seeking to have land standing in the name of Adeline B. Woods decreed to be the property of William. Trial by the court. Upon the facts hereinafter stated, it was found that the bill should be dismissed. Transferred from the September term, 1911, of the superior court by Chamberlin, J., on the plaintiff’s exceptions to the findings and to the admission of certain testimony. In March, 1911, William was the owner of a lot of land in Bath which was worth a little more than $1,000. He was financially embarrassed and desired…
1Opinion of the CourtPbaslee, J.
The plaintiff in interest seeks to hold the land in question upon one of two grounds. He claims, first, that there was a secret trust, or, second, that there was a failure of the parties to the conveyance to agree upon the terms of the contract, so that there was no sale of the land and therefore the supposed grantor is still the owner.
In order to create a secret trust of the nature denounced by the law, there must be some agreement or understanding whereby the transaction is different from what it appears to be. There was no such mutual understanding here. The grantor understood that he was…
2Cases cited10 opinions
- Harris & Mitchell v. Amoskeag Lumber Co.Supreme Court of Georgia · 1895
- Mansfield v. HodgdonMassachusetts Supreme Judicial Court · 1888
- Stoddard v. HamMassachusetts Supreme Judicial Court · 1880
- Hudson v. Columbian Transfer Co.Michigan Supreme Court · 1904
- First National Bank v. CarterIndiana Supreme Court · 1883
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- In Re Financial Resources Mortg., Inc.United States Bankruptcy Court, D. New Hampshire · 2012
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