Russell v. Lewis
Massachusetts Supreme Judicial Court
Me. Blake, the supposed trustee, having appeared in the court below, and submitted himself to an examination, was inquired of, by the plaintiff, —Whether the principal debtors, or either of them, or any person on their behalf, prior to the service of the process upon him, had conveyed to him any real or personal property ; — what consideration had been paid therefor; — whether such estate was conveyed to him on a trust, express or implied; — what was the nature of the trust;…
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Me. Blake, the supposed trustee, having appeared in the court below, and submitted himself to an examination, was inquired of, by the plaintiff, —Whether the principal debtors, or either of them, or any person on their behalf, prior to the service of the process upon him, had conveyed to him any real or personal property ; — what consideration had been paid therefor; — whether such estate was conveyed to him on a trust, express or implied; — what was the nature of the trust; — what was the value of the property at the time of the conveyance, and at the time of the service of the process; —■…
1Opinion of the Court
By the Court.
We consider that Mr. Blake is not obliged to answer all the questions put to him by the plaintiff, nor any which may tend to impair or impeach his title to any real estate which he may have derived from the principal debtors.
But we are satisfied that there may be cases where the person having the legal title to real estate may be answerable, as trustee, for the rents and profits, or for the proceeds of the estate if sold by him, in virtue of any written agreement or declaration of trust. And such interrogatories as may tend to show that he holds the estate in that manner, or that…
2Cases cited4 opinions
- Gorham v. CarrolCourt of Appeals of Kentucky · 1823
- Boardman v. RoeMassachusetts Supreme Judicial Court · 1816
- Black v. CrouchCourt of Appeals of Kentucky · 1823
- Stoddert's Lessee v. ManningCourt of Appeals of Maryland · 1828
3Cited by3 opinions
- Johnson v. RichardsonSupreme Court of Minnesota · 1936
- Bell v. KendrickSuperior Court of New Hampshire · 1837
- Bissell v. StrongMassachusetts Supreme Judicial Court · 1830