Bradbury v. Birchmore
Massachusetts Supreme Judicial Court
Bill in equity, by the wardens and vestry of Christ Church in Hyde Park, a duly incorporated religious society, against John W. Birchmore and John E. White, praying that the defendants should show cause why they should not be ordered to convey a parcel of land with a rectory building thereon, in Hyde Park, to the plaintiffs.
Read the full summary
Bill in equity, by the wardens and vestry of Christ Church in Hyde Park, a duly incorporated religious society, against John W. Birchmore and John E. White, praying that the defendants should show cause why they should not be ordered to convey a parcel of land with a rectory building thereon, in Hyde Park, to the plaintiffs. The bill also prayed for an account, an injunction to restrain the defendants from disposing of the land except to the plaintiffs, and for further relief. The case was reserved by Morton, J., on the bill and answer, and the report of a master, and was as follows : On…
1Opinion of the CourtMorton, J.
The object of the deed of trust from Richards was that the defendants should erect upon the land thereby conveyed to them a rectory for the use of Christ Church in Hyde Park, and that after its completion it should be conveyed to the rector, wardens and vestry of said church.
The defendants do not deny that it is their duty to convey the premises to the plaintiffs, but they claim that before doing so they are entitled to be paid or indemnified for all expenses and liabilities incurred by them in the execution of the trust. The plaintiffs claim that the defendants have expended more than they…
2Cited by9 opinions
- Simmons v. FridaySupreme Court of Missouri · 1949
- Commissioner of Internal Revenue v. DavisCourt of Appeals for the First Circuit · 1943
- New England Trust Co. v. TriggsMassachusetts Supreme Judicial Court · 1956
- Wasserman v. LocatelliMassachusetts Supreme Judicial Court · 1961
- Estey v. GardnerMassachusetts Supreme Judicial Court · 1935
4 more not listed; retrieve them via the Exa API.