Smith v. Burgess
Massachusetts Supreme Judicial Court
Bill in equity by the trustee for Clara M. Pyne, under the will of John H. Lucas, to compel the defendant to surrender, for the benefit of the trust estate, a note and mortgage given by Richard W. Gardner to James Lewis, and by him assigned to the defendant.
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Bill in equity by the trustee for Clara M. Pyne, under the will of John H. Lucas, to compel the defendant to surrender, for the benefit of the trust estate, a note and mortgage given by Richard W. Gardner to James Lewis, and by him assigned to the defendant. Hearing before W. Allen, J., who reported, for the consideration of the full court, the following case: Lewis was the predecessor of the plaintiff as trustee, and, while trustee, lent to Gardner $2000 belonging to the trust estate, and took therefor the note and mortgage in question, dated April 23, 1874, the note payable in five years…
1Opinion of the CourtC. Allen, J.
It has heretofore been held in this Commonwealth, that, where a mortgage was assigned to A. B., trustee, in consideration of money paid by him, trustee, and where the *513mortgage note was also indorsed to him, trustee, a presumption was raised that he took the same in trust, so that his heirs at law could not convey a good title thereto without showing that in point of fact no trust existed. Sturtevant v. Jaques, 14 Allen, 523. It has also been held that, if a guardian of minor children uses his wards’ money to buy land, and takes a deed acknowledging the receipt of the consideration paid by him…
2Cases cited6 opinions
- Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- Duncan v. JaudonSupreme Court of the United States · 1873
- Hayward v. CainMassachusetts Supreme Judicial Court · 1872
- Monitor Mutual Fire Insurance v. BuffumMassachusetts Supreme Judicial Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- O'Herron v. GrayMassachusetts Supreme Judicial Court · 1897
- McLeod v. DespainOregon Supreme Court · 1907
- Dozier v. McWhorterSupreme Court of Georgia · 1903
- Gibney v. AllenMichigan Supreme Court · 1909
- Kergald v. Armstrong Transfer Express Co.Massachusetts Supreme Judicial Court · 1953
11 more not listed; retrieve them via the Exa API.