Carpenter v. Cushman
Massachusetts Supreme Judicial Court
Bill in equity filed January 26, 1869, by Ansel Carpenter and Mary Sibley, against the executor of the will of Apollos Cushman, praying for an account, and that the defendant might be ordered to release and convey to the plaintiffs certain land, which had been taken by the defendant’s testator under an execution issued on a judgment in favor of Carpenter and the assignor of Sibley, and by them assigned to the defendant’s testator, under an agreement that he would reconvey…
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Bill in equity filed January 26, 1869, by Ansel Carpenter and Mary Sibley, against the executor of the will of Apollos Cushman, praying for an account, and that the defendant might be ordered to release and convey to the plaintiffs certain land, which had been taken by the defendant’s testator under an execution issued on a judgment in favor of Carpenter and the assignor of Sibley, and by them assigned to the defendant’s testator, under an agreement that he would reconvey any balance remaining on the judgment, after payment of what should be due him from Carpenter and the assignor of Sibley.…
1Opinion of the CourtMorton, J.
At a former stage of this case, it was adjudged that the defendant’s testator held the land in question charged with a trust in favor of the plaintiffs ; and thereupon a decree was entered that the case be referred to a master to state an account, “ and what, upon the balance of said account, shall be certified due to the said defendant (if anything) it is ordered and decreed that the said plaintiffs do pay the same unto the said defendant within such time as the court shall order after the said master shall have made his report, at such time and place as the court shall appoint; and that…
2Cases cited1 opinion
- Carpenter v. CushmanMassachusetts Supreme Judicial Court · 1870
3Cited by4 opinions
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