Hutchings v. Clerk
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on March 18, 1913, as described in the opinion, praying, among other things, that the “plaintiff be decreed to have the right and to be entitled to have conveyed to him said parcel of land upon the westerly side of said Main Street [in Topsfield] and said undivided two thirds interest in said parcel upon said Prospect Street upon the payment by said plaintiff to said defendants of such sums of money as said defendants have expended…
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Bill in equity, filed in the Superior Court on March 18, 1913, as described in the opinion, praying, among other things, that the “plaintiff be decreed to have the right and to be entitled to have conveyed to him said parcel of land upon the westerly side of said Main Street [in Topsfield] and said undivided two thirds interest in said parcel upon said Prospect Street upon the payment by said plaintiff to said defendants of such sums of money as said defendants have expended on and for the account of said plaintiff,” and that a certain deed of release from the "plaintiff to said defendant…
1Opinion of the CourtCrosby, J.
This is a bill in equity brought against the defendants, who are husband and wife, to establish a resulting trust in favor of the plaintiff in certain parcels of real estate, for an accounting for rents and profits, and for a conveyance of the real estate to the plaintiff upon payment of whatever is due from the plaintiff to the defendants.
The case comes here upon a reservation made by a judge of the Superior Court, who ordered a decree to be entered overruling the exceptions to the master’s report and confirming the report.
The lands in question are situated in Topsfield. One parcel consists…
2Cases cited12 opinions
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Howe v. HoweMassachusetts Supreme Judicial Court · 1908
- McDonough v. O'NielMassachusetts Supreme Judicial Court · 1873
- Bourke v. CallananMassachusetts Supreme Judicial Court · 1893
- Fickett v. DurhamMassachusetts Supreme Judicial Court · 1872
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3Cited by3 opinions
- McKenzie v. EvansMontana Supreme Court · 1934
- McDonald v. ConwayMassachusetts Supreme Judicial Court · 1926
- Zaff v. BrownMassachusetts Supreme Judicial Court · 1929