Gordon v. Gordon
Supreme Court of New Hampshire
In Equity. The bill alleges that the plaintiff, William Gordon, on the 15th day of December, 1863, being indebted to his late brother, Henry L. Gordon, executed and delivered to him a deed of warranty, in common form, of certain real estate described in the bill; that said deed was given for the purpose of securing a debt which the plaintiff owed said Henry L. Gordon, and other claims and .demands against the plaintiff, which the said Henry L. Gordon then assumed to pay, and…
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In Equity. The bill alleges that the plaintiff, William Gordon, on the 15th day of December, 1863, being indebted to his late brother, Henry L. Gordon, executed and delivered to him a deed of warranty, in common form, of certain real estate described in the bill; that said deed was given for the purpose of securing a debt which the plaintiff owed said Henry L. Gordon, and other claims and .demands against the plaintiff, which the said Henry L. Gordon then assumed to pay, and with the express understanding and agreement, that when said debt, claims, and demands were paid by the plaintiff to…
1Opinion of the CourtLadd, J.
“ No trust concerning lands, excepting such as may arise or result by implication of law, shall be created or declared unless by an instrument signed by the party creating the same or by his attorney.” Gen. Stats., ch. 121, sec. 13. The parol agreement, therefore, of Henry L. Gordon to reconvey the premises upon payment of his debt and the liabilities assumed by him for the plaintiff, did not create a trust, such a result being forbidden by the plain and unequivocal terms of the statute. * Further: “No conveyance in writing of any lands shall be defeated nor any estate incumbered by any…
2Cited by1 opinion
- Gordon v. GordonSupreme Court of New Hampshire · 1875