Dowd v. Tucker
Supreme Court of Connecticut
Bill in equity to compel tlie conveyance of real estate; brought to the Superior Court in Middlesex County. The following facts were found by a committee.
Read the full summary
Bill in equity to compel tlie conveyance of real estate; brought to the Superior Court in Middlesex County. The following facts were found by a committee. The petitioner, who is poor, is a niece, and the respondent, who is in comfortable circumstances, is a nephew, of Frances M. Hayden, who died Sept. 3d, 1870. On the 27th day of May, 1863, Mrs. Hayden made a will, by which she gave all. her property to the respondent, which will, after her death, was proved as her last will and testament. At the time of her death she was the owner of one half of a dwelling house and lot, worth $750, being…
1Opinion of the Court
Park, 0. J.
This case is clearly one of fraud. We have held on the present circuit (Ayres v. French, ante, page 142,) in accordance -with numerous decisions, that whosoever buys personal property with a preconceived intention not to pay for it, is guilty of fraud. This case is similar in principle. It matters but little whether the property is real or personal estate. Whosoever buys real estate with a preconceived secret intention not to pay for it, but to cheat the grantor out of it, is as much guilty of fraud as he would be if the property was personal estate. Apply this principle to the…
2Cited by59 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- Ransdel v. MooreIndiana Supreme Court · 1899
- Olliffe v. WellsMassachusetts Supreme Judicial Court · 1881
- Ahrens v. . JonesNew York Court of Appeals · 1902
54 more not listed; retrieve them via the Exa API.