Bunker v. Manchester Real Estate & Manufacturing Co.
Supreme Court of New Hampshire
Trespass quare clausum. Plea, the general issue, title to the locus, and res judicata. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1907, of the superior court by Chamberlin, J. In February, 1902, the plaintiff loaned $500 to Alice M. Bean and took a warranty deed of the locus as security therefor. The understanding between the parties was that the plaintiff should reconvey upon payment of the loan.
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Trespass quare clausum. Plea, the general issue, title to the locus, and res judicata. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1907, of the superior court by Chamberlin, J. In February, 1902, the plaintiff loaned $500 to Alice M. Bean and took a warranty deed of the locus as security therefor. The understanding between the parties was that the plaintiff should reconvey upon payment of the loan. The plaintiff also agreed that Gilman A. Bean, father of Alice, might cut his firewood on the locus while she held it, and because of this collateral agreement…
1Opinion of the CourtYoung, J.
1. It is unnecessary, to consider the defendants’ contention that the plaintiff is estopped by the decree in the equity proceeding to deny that her deed is fraudulent as to the defendants, for the decree itself expressly reserves to her the right to-litigate the title to the locus.
2. The plaintiff’s agreement to reconvey whenever Miss Bean repaid the money she borrowed, and in the meantime to permit her father to cut his firewood on the locus, constituted a secret trust ( Watkins v. Arms, 64 N. H. 99) ; but it does not necessarily follow from the fact that the trust existed when tbe…
2Cases cited2 opinions
- Clinkinbeard v. ClinkinbeardCourt of Appeals of Kentucky · 1860
- Washband v. WashbandSupreme Court of Connecticut · 1858
3Cited by2 opinions
- Reynolds v. ChaseSupreme Court of New Hampshire · 1935
- Crowther v. White Mountain Freezer Co.Supreme Court of New Hampshire · 1918