Sears v. Gilman
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court for the county of Suffolk May 23, 1905, to redeem certain real estate alleged to have been conveyed by the plaintiff to the defendant Adelaide L. S. Gilman (hereinafter called the defendant) by a deed absolute in form, but in fact as security merely for the payment of sums due her from the plaintiff. Gorham D. Gilman, the defendant’s husband, is joined as a defendant.
Read the full summary
Bill in equity, filed in the Supreme Judicial Court for the county of Suffolk May 23, 1905, to redeem certain real estate alleged to have been conveyed by the plaintiff to the defendant Adelaide L. S. Gilman (hereinafter called the defendant) by a deed absolute in form, but in fact as security merely for the payment of sums due her from the plaintiff. Gorham D. Gilman, the defendant’s husband, is joined as a defendant. The case was referred to a master who filed a report, and, upon various recommittals, two supplementary reports. The substance of the original and supplementary reports is as…
1Opinion of the CourtKnowlton, C. J.
This is a bill to redeem certain real estate conveyed by the plaintiff to his sister, Mrs. Gilman, the principal defendant, who will hereinafter be called the defendant, on July 7, 1868. The deed was absolute in form, and was given for the protection of the defendant from loss by reason of a large indebtedness due her from the plaintiff, which had grown up in connection with his settlement of her uncle’s estate in which she was interested as a devisee, and from his management of her property. She trusted him implicitly, and he acted for her in all matters of business pertaining to her…
2Cases cited9 opinions
- Peugh v. DavisSupreme Court of the United States · 1878
- Watson v. EdwardsCalifornia Supreme Court · 1894
- West v. ReedIllinois Supreme Court · 1870
- Haggerty v. BrowerSupreme Court of Iowa · 1898
- Stall v. JonesNebraska Supreme Court · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Brinkerhoff v. Home Trust & Savings BankSupreme Court of Kansas · 1921
- Allen v. Mutual Acceptance Corp.Massachusetts Supreme Judicial Court · 1966
- Walker v. WoodCourt of Appeals of Tennessee · 1948
- Greenlaw v. Eastport Savings BankSupreme Judicial Court of Maine · 1909
- Murphy v. BookerSupreme Court of Arkansas · 1919