Legal Opinion · Concurrence

Hall v. Congdon

Supreme Court of New Hampshire

Decided December 23, 1875Published

From Coos Circuit Court. In Equity. This is the same case reported 55 N. H. 104. The plaintiff proposed to amend his bill, and in the bill as amended were contained the following averments : “ And thereupon, on the 26th day of February, 1861, the plaintiff, by his agent, paid to the said Quimby, the agent of the said town of Pittsburg, towards said lands, the sum of $500, to wit, one horse at the price of $100, and the rest in money, which was the money of the plaintiff; and…

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From Coos Circuit Court. In Equity. This is the same case reported 55 N. H. 104. The plaintiff proposed to amend his bill, and in the bill as amended were contained the following averments : “ And thereupon, on the 26th day of February, 1861, the plaintiff, by his agent, paid to the said Quimby, the agent of the said town of Pittsburg, towards said lands, the sum of $500, to wit, one horse at the price of $100, and the rest in money, which was the money of the plaintiff; and said Congdon took a conveyance of said lands of said town of Pittsburg, the deed thereof being made and executed by…

1Concurrence

The bill as amended sets forth that the premises in controversy were wholly paid for out of the money and means furnished by the plaintiff, but that by arrangement with Congdon the conveyance was taken in his name as security for the taxes he might pay thereon, and for any costs or damages he might pay in an action in favor of one True against Congdon, against which the plaintiff was holden to indemnify him. The bill further alleges that said Congdon has been fully paid for all of said taxes, costs, and damages. These facts, if proved, will make a case of resulting trust. But it will not be…

2Cases cited2 opinions

  1. Pritchard v. BrownSuperior Court of New Hampshire · 1828
  2. Page v. PageSuperior Court of New Hampshire · 1836

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