Campbell v. Dearborn
Massachusetts Supreme Judicial Court
Bill in equity, filed July 12,1869, to compel a reconveyance of land by the defendant to the plaintiff, on the ground that the plaintiff’s conveyance of it to the defendant, although in form absolute, was in substance a mortgage.
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Bill in equity, filed July 12,1869, to compel a reconveyance of land by the defendant to the plaintiff, on the ground that the plaintiff’s conveyance of it to the defendant, although in form absolute, was in substance a mortgage. The bill alleged that the plaintiff on June 11, 1866, agreed with Artemas Tirrill for the purchase by him from said Tirrill of a parcel of land in Charlestown, and at the same time Tirrill gave him a bond to convey the land at any time within three years from said June 11, upon the payment to him of $5500, the plaintiff to pay all assessments upon the land meanwhile;…
1Opinion of the CourtWells, J.
Regarding the money paid to Thrill for the land as the money of the plaintiff, by loan from the defendant, there is still no resulting trust in favor of the plaintiff arising from the whole transaction. A deed was taken to the plaintiff, according to his equitable interest; and he thereupon conveyed to the defendant by his own deed. The recitals and covenants of that deed preclude him from setting up any trusts by implication, against its express terms. Blodgett v. Hildreth, 103 Mass. 484. His agreement with the defendant for a reconveyance cannot be enforced as a contract for an interest in…
2Cases cited16 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Russell v. SouthardSupreme Court of the United States · 1851
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
11 more not listed; retrieve them via the Exa API.
3Cited by92 opinions
- Davis v. NeyMassachusetts Supreme Judicial Court · 1878
- McDonough v. O'NielMassachusetts Supreme Judicial Court · 1873
- Carleton & Hovey Co. v. BurnsMassachusetts Supreme Judicial Court · 1934
- Sprague v. KimballMassachusetts Supreme Judicial Court · 1913
- Vangilder v. HoffmanWest Virginia Supreme Court · 1883
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