Barnard v. Jewett
Massachusetts Supreme Judicial Court
Bill in equity setting forth facts which are stated in the opinion, averring that they raised a resulting trust in favor of the complainant, and praying for an account from the respondent of moneys expended and received by him under such trust and that he should be decreed to convey to the complainant a certain tract of meadow land in Deerfield, which constituted the subject of the alleged trust, the complainant having demanded from him such conveyance, and he having refused…
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Bill in equity setting forth facts which are stated in the opinion, averring that they raised a resulting trust in favor of the complainant, and praying for an account from the respondent of moneys expended and received by him under such trust and that he should be decreed to convey to the complainant a certain tract of meadow land in Deerfield, which constituted the subject of the alleged trust, the complainant having demanded from him such conveyance, and he having refused to comply with the demand. The respondent filed a general demurrer, and the case was reserved by Chapman, J., for…
1Opinion of the CourtChapman, J.
If we were to take this bill as alleging a written agreement between the parties, we could not dispose of the case upon demurrer. But the plaintiff’s counsel admits that the agreement set forth was oral, and contends that under such an agreement the bill alleges facts sufficient to constitute a re-suiting trust. Such a trust must arise at the execution of the deed.
The bill avers that one Cephas Clapp was about to sell a piece of meadow land at auction, and that the plaintiff desired to purchase it, but had not funds to pay for it, and the defend ant agreed wk'h him to advance money to him to…
2Cited by16 opinions
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Quinn v. QuinnMassachusetts Supreme Judicial Court · 1927
- Moat v. MoatMassachusetts Supreme Judicial Court · 1938
- Gerace v. GeraceMassachusetts Supreme Judicial Court · 1938
- Berenson v. NirensteinMassachusetts Supreme Judicial Court · 1950
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