Weeks v. Edwards
Massachusetts Supreme Judicial Court
Bill ih equity, to establish a resulting trust. The defendants set up a plea in bar, the nature of which appears in the opinion; and the plaintiff filed a motion to set aside the plea on the ground that the same was insufficient to meet the allegations of the plaintiff’s bill.
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Bill ih equity, to establish a resulting trust. The defendants set up a plea in bar, the nature of which appears in the opinion; and the plaintiff filed a motion to set aside the plea on the ground that the same was insufficient to meet the allegations of the plaintiff’s bill. Hearing before Fessenden, J., who allowed the plaintiff’s motion, ordered that the plea be set aside as insufficient, and reported the case for the determination of this court, such decree to be entered as law and justice require. The facts appear in the opinion.
1Opinion of the CourtHolmes, C. J.
This is a bill to establish a resulting trust in a parcel of land in Falmouth, formerly belonging to the father of the plaintiff and defendants, on the ground that the plaintiff intrusted half the purchase price to his father upon the understanding that the latter would buy the land for both, with additional circumstances not necessary to mention. The defendants pleaded that before bringing this bill the plaintiff began proceedings in partition in the Probate Court, in which he alleged that his interest in the land was one fifth ; (that is, his share by descent ;) that the defendants appeared…
2Cases cited6 opinions
- Connihan v. ThompsonMassachusetts Supreme Judicial Court · 1873
- Sandford v. WrightMassachusetts Supreme Judicial Court · 1895
- Western Union Telegraph Co. v. CaldwellMassachusetts Supreme Judicial Court · 1886
- Greenup v. SewellIllinois Supreme Court · 1856
- Louvalle v. MenardIllinois Supreme Court · 1844
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Norwood v. McDonaldOhio Supreme Court · 1943
- Marsh Bros. & Co. v. BellefleurSupreme Judicial Court of Maine · 1911