Wilcox v. Lucas
Massachusetts Supreme Judicial Court
Bill in EQUITY by Henry D. Wilcox against Hem an S. Lucas and Charles Alden. Hearing upon pleadings and proofs before (Jolt, J., who reported the case for the determination of the full court, in substance as follows: On January 22, 1864, Eras tus Wright, being the owner of a let of land in Chester, upon which were certain ores, metals and minerals, sold and conveyed to Lucas all the iron ore, metals and minerals in and upon a portion of the lot, (described by metes and…
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Bill in EQUITY by Henry D. Wilcox against Hem an S. Lucas and Charles Alden. Hearing upon pleadings and proofs before (Jolt, J., who reported the case for the determination of the full court, in substance as follows: On January 22, 1864, Eras tus Wright, being the owner of a let of land in Chester, upon which were certain ores, metals and minerals, sold and conveyed to Lucas all the iron ore, metals and minerals in and upon a portion of the lot, (described by metes and bounds, being a strip ten rods wide, following the course of a vein of iron ore,) with the right at all times to ei ter for…
1Opinion of the CourtGray, C. J.
By the second deed, executed March 16, 1869, all the ores, metals and minerals upon the whole lot were conveyed by Wright to Wilcox, excepting and reserving the vein of iron ore previously, conveyed by the same grantor by the first deed. Although the legal title in all that was conveyed by the second deed thereby vested in Wilcox, the report shows that he in fact bought the property upon joint account for himself and Lucas equally, and that Lucas was equitably entitled to half of it, by way of resulting trust.
*25By the third deed, dated April 1,1869, the plaintiff, Wilcox, conveyed to each of…
2Cases cited3 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Chester Emery Co. v. LucasMassachusetts Supreme Judicial Court · 1873
- Hoar v. GouldingMassachusetts Supreme Judicial Court · 1874
3Cited by13 opinions
- Reggio v. WarrenMassachusetts Supreme Judicial Court · 1911
- Boyden v. HillMassachusetts Supreme Judicial Court · 1908
- Goode v. RileyMassachusetts Supreme Judicial Court · 1891
- Peter v. PeterIllinois Supreme Court · 1931
- Butler v. BarnesSupreme Court of Connecticut · 1891
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