Cheney v. Gleason
Massachusetts Supreme Judicial Court
Brae, in equity, inserted in an original writ of summons and attachment, dated July 16, 1872, against Boring W. Gleason, Kiles P. Gleason, Henry Pearson and Sarah N. Charlebois, al leging that a deed was procured from the plaintiff, conveying a parcel of land in Reading to the defendant Kiles P., by means of the false and fraudulent representations of the defendant Boring W., a real-estate broker employed by the plaintiff to sell the same for him on commission ; and that the…
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Brae, in equity, inserted in an original writ of summons and attachment, dated July 16, 1872, against Boring W. Gleason, Kiles P. Gleason, Henry Pearson and Sarah N. Charlebois, al leging that a deed was procured from the plaintiff, conveying a parcel of land in Reading to the defendant Kiles P., by means of the false and fraudulent representations of the defendant Boring W., a real-estate broker employed by the plaintiff to sell the same for him on commission ; and that the plaintiff was induced by such false and fraudulent representations to take in exchange a worthless equity of redemption…
1Opinion of the CourtColt, J.
The defendants contend that the motion of the executor that he be allowed to prosecute the suit was improperly allowed, on the ground that the action did not survive at common law or under the provisions of the Gen. Sts. c. 127, § 1. But this is not an action to recover damages for a simple fraud practised upon the testator, by which he was induced to part with his property at less than its value. It is a suit to recover in equity specific property, or the avails of specific property, still held by one or more of the defendants, parties to the original fraud, and which was obtained from the…
2Cases cited7 opinions
- Parker v. MoultonMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. MasonMassachusetts Supreme Judicial Court · 1870
- Forbes v. TuckermanMassachusetts Supreme Judicial Court · 1874
- Emery v. ParrottMassachusetts Supreme Judicial Court · 1871
- Leggate v. MoultonMassachusetts Supreme Judicial Court · 1874
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3Cited by20 opinions
- Parker v. SimpsonMassachusetts Supreme Judicial Court · 1902
- Howe v. HoweMassachusetts Supreme Judicial Court · 1908
- Lovejoy v. BaileyMassachusetts Supreme Judicial Court · 1913
- Hutchins v. NickersonMassachusetts Supreme Judicial Court · 1912
- City of Tacoma v. Tacoma Light & Water Co.Washington Supreme Court · 1897
15 more not listed; retrieve them via the Exa API.