Ryder v. Loomis
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on April 29,1892, against Mary F. Loomis and F. A. Loomis, her husband, to compel them to convey to the plaintiff their interest in a certain estate in Yarmouth, upon the ground of an implied trust arising out of the following instrument: “ To whom it may concern: This certifies that I, Mary F. Loomis, have sold my right in Benjamin Ryder’s (my father) estate to Alexander G. Ryder of New York for the sum of $100 (one hundred…
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Bill in equity, filed in the Superior Court on April 29,1892, against Mary F. Loomis and F. A. Loomis, her husband, to compel them to convey to the plaintiff their interest in a certain estate in Yarmouth, upon the ground of an implied trust arising out of the following instrument: “ To whom it may concern: This certifies that I, Mary F. Loomis, have sold my right in Benjamin Ryder’s (my father) estate to Alexander G. Ryder of New York for the sum of $100 (one hundred dollars). East Greenwich, R. I., May 13, 1876. Mary F. Loomis. F. A. Loomis.” Hearing before Hammond, J., who reported the…
1Opinion of the CourtMorton, J.
The parties have argued this case as if the question intended to be presented by it was whether the plaintiff was or was not entitled to relief upon the facts as found by the justice of the Superior Court who heard it. On the assumption that this is the question, we proceed to consider the case.
1. The defendants object that the description of the property in the memorandum on which the plaintiff relies is insufficient within the statute of frauds. What was sold is described as “ my right in Benjamin Ryder’s (my father) estate.” The report finds that the only real estate which Benjamin Ryder…
2Cases cited9 opinions
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- Felch v. HooperMassachusetts Supreme Judicial Court · 1875
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3Cited by21 opinions
- Danforth v. ChandlerMassachusetts Supreme Judicial Court · 1921
- Howe v. WatsonMassachusetts Supreme Judicial Court · 1901
- Michelson v. ShermanMassachusetts Supreme Judicial Court · 1942
- Gendelman v. MongilloSupreme Court of Connecticut · 1921
- Ames v. AmesIndiana Court of Appeals · 1910
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