Robinson v. Trofitter
Massachusetts Supreme Judicial Court
Bill in equity against Lydia A. J. Trofitter and Edward T. Trofitter, her husband, alleging that she agreed to sell a parcel of land to the plaintiff; that she broke her agreement, and sold and conveyed the land to another person, who paid the price to Edward T. Trofitter, “ as her trustee and agent, and in justice and equity to be applied to the payment of her sole and separate in debtedness; ” that the plaintiff sued her for breach of her agreement and recovered judgment,…
Read the full summary
Bill in equity against Lydia A. J. Trofitter and Edward T. Trofitter, her husband, alleging that she agreed to sell a parcel of land to the plaintiff; that she broke her agreement, and sold and conveyed the land to another person, who paid the price to Edward T. Trofitter, “ as her trustee and agent, and in justice and equity to be applied to the payment of her sole and separate in debtedness; ” that the plaintiff sued her for breach of her agreement and recovered judgment, on which execution issued; that upon her failure to pay the execution “ she was cited to appear before the court of…
1Opinion of the CourtWells, J.
A bill in equity, to reach the separate estate of a married woman, for the payment of obligations contracted by her, is maintainable, if there is no adequate remedy at law. Rogers v. Ward, 8 Allen, 387.
The husband may be trustee for his wife. Manual possession by him, of her personal property, is not necessarily inconsistent with her separate title. The property may be charged, in his hands, with a trust for her. Turner v. Nye, 7 Allen, 176, 181. *480Walker v. Walker, 9 Wallace, 743. He cannot, by taking or re» taining her money, appropriate it as his own, without her consent. Read v. Earle, 12…
2Cited by4 opinions
- Bresnihan v. SheehanMassachusetts Supreme Judicial Court · 1878
- Fowle v. TorreyMassachusetts Supreme Judicial Court · 1883
- Lord v. HarteMassachusetts Supreme Judicial Court · 1875
- Porter v. WakefieldMassachusetts Supreme Judicial Court · 1888