Lahey v. Broderick
Supreme Court of New Hampshire
Bill in Equity, praying for a decree confirming the title to a tract of land on Ferry street in Manchester in Jeremiah Lahey. Trial before Young, J., at the May term, 1902, of the superior court. Upon the facts hereinafter stated a decree was ordered for the plaintiff, and the defendants excepted. Jeremiah and Mary Lahey were married in 1868. Mary died in 1892, leaving two children surviving her — Joseph and John.
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Bill in Equity, praying for a decree confirming the title to a tract of land on Ferry street in Manchester in Jeremiah Lahey. Trial before Young, J., at the May term, 1902, of the superior court. Upon the facts hereinafter stated a decree was ordered for the plaintiff, and the defendants excepted. Jeremiah and Mary Lahey were married in 1868. Mary died in 1892, leaving two children surviving her — Joseph and John. Joseph died in 1899, and John in 1901. The plaintiff is Jeremiah, and the defendant Broderick is the administrator of John’s estate. At the date of their marriage neither Jeremiah…
1Opinion of the CourtRemick, J.
Where, upon the purchase of land, the deed is taken in the name of one person while the consideration money is paid by another, such fact may be proved by parol evidence, and being established, the law implies a trust or use in favor of him who advances the money. Scoby v. Blanchard, 3 N. H. 170; Pritchard v. Brown, 4 N. H. 397; Page v. Page, 8 N. H. 187; Gove v. Lawrence, 26 N. H. 484, 492; Farrington v. Barr, 36 N. H. 86; Moore v. Moore, 38 N. H. 382, 387, 388; Hutchins v. Heywood, 60 N. H. 491; Ferrin v. Errol, 59 N. H. 234; Osgood v. Eaton, 62 N. H. 512; Fellows v. Ripley, 69 N. H. 410.
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2Cases cited2 opinions
- McClintock v. LoisseauWest Virginia Supreme Court · 1888
- Price v. KaneSupreme Court of Missouri · 1892
3Cited by5 opinions
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