Pinch v. Anthony
Massachusetts Supreme Judicial Court
Bill in equity, filed April 16th 1861, alleging that in 1849 the plaintiff was a skilful miner, employed at Crown Point, and was induced by persons who owned lands in Northampton, Southampton, Easthampton and Westhampton, to leave his employment for the purpose of conducting mining operations upon said lands ; that those persons, after executing to the plaintiff a mortgage on the mineral rights in said lands to secure the sum of $1500, for his services and moneys agreed to…
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Bill in equity, filed April 16th 1861, alleging that in 1849 the plaintiff was a skilful miner, employed at Crown Point, and was induced by persons who owned lands in Northampton, Southampton, Easthampton and Westhampton, to leave his employment for the purpose of conducting mining operations upon said lands ; that those persons, after executing to the plaintiff a mortgage on the mineral rights in said lands to secure the sum of $1500, for his services and moneys agreed to be paid by him, conveyed the premises to Samuel Coit, who, in consideration of the plaintiff’s skill and labor in…
1Opinion of the CourtBigelow, C. J.
The bill sets out a case which clearly entitles the plaintiff to equitable relief. The rule is perfectly well settled, that a party may by express agreement create a charge or claim in the nature of a lien on real as well as personal estate of which he is the owner or possessor, and that equity will establish and enforce such charge or claim, not only against the party who stipulated to give it, but also against third persons, who are either volunteers or who take the estate on which the lien is agreed to be given, with notice of the stipulation. Such an agreement raises a trust which binds…
2Cited by7 opinions
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- Rutherford National Bank v. H. R. Bogle & Co.New Jersey Court of Chancery · 1933
- Feldman v. WarshawskyNew Jersey Court of Chancery · 1937
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