Wall v. Hickey
Massachusetts Supreme Judicial Court
Bill nsr equity, brought by the children of Patrick Wall against their uncles William and Timothy Hickey, alleging that Patrick Wall being seised in fee of a parcel of land in Dorchester conveyed it by mortgage to one Patrick Norton; that it was afterwards sold to one Hannah Clarkson for seven hundred dollars under a power of sale contained in the mortgage; that the land was worth at least thirty-five hundred dollars; that Wall tried to repurchase the land, but that Clarkson…
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Bill nsr equity, brought by the children of Patrick Wall against their uncles William and Timothy Hickey, alleging that Patrick Wall being seised in fee of a parcel of land in Dorchester conveyed it by mortgage to one Patrick Norton; that it was afterwards sold to one Hannah Clarkson for seven hundred dollars under a power of sale contained in the mortgage; that the land was worth at least thirty-five hundred dollars; that Wall tried to repurchase the land, but that Clarkson refused to sell to him at any price, but agreed that if parties could be found who would pay her a bonus, and take the…
1Opinion of the CourtWells, J.
The transaction, as it was intended by the parties engaging in it, was to create an express trust in favor of these plaintiffs, to be declared in writing. That purpose was carried into effect,, so far as that a deed of the land to the trustees selected was executed by Clarkson, the money which she was to receive advanced by the defendants, and the terms of the trust arranged and agreed upon. The business was left unfinished at this point, in order that the memoranda of the terms of the trust might be extended in a formal instrument for the defendants to sign. The- defendants were permitted to…
2Cases cited3 opinions
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
- Brainerd v. BrainerdSupreme Court of Connecticut · 1843
3Cited by4 opinions
- Goode v. RileyMassachusetts Supreme Judicial Court · 1891
- Howland v. Town of PlymouthMassachusetts Supreme Judicial Court · 1946
- Holmes v. WinchesterMassachusetts Supreme Judicial Court · 1883
- Reardon v. ReardonMassachusetts Supreme Judicial Court · 1914