Bromley v. Mitchell
Massachusetts Supreme Judicial Court
Bill in equity, filed in this court on March 11,1890, to compel the defendants to deliver to the plaintiff certain mortgage notes and mortgage deeds alleged to be his property, and so held and concealed by them that the plaintiff could not replevy them. The case was heard by Knowlton, J., who reported it for the consideration of the full court, and was as follows.
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Bill in equity, filed in this court on March 11,1890, to compel the defendants to deliver to the plaintiff certain mortgage notes and mortgage deeds alleged to be his property, and so held and concealed by them that the plaintiff could not replevy them. The case was heard by Knowlton, J., who reported it for the consideration of the full court, and was as follows. Mary J. B. Horton, on October 29, 1889, two days before her death, being the owner of the mortgage notes and deeds in question, did, by a deed to the plaintiff in which her husband joined, “ grant, bargain, sell and convey and…
1Opinion of the Court
, Holmes, J.
This is a bill to recover possession of certain mortgage notes and mortgage deeds held and secreted by the defendants, so that they cannot be come at to be replevied. The defence is rested mainly on the invalidity of the deed under which the plaintiff claims title. The judge who tried the case found *511the deed to be valid, and the question is whether there is any ground on which we can say, as matter of law, that he was wrong.
The deed is an absolute conveyance of all the grantor’s property, which was all personalty, in trust, to apply the income of or proceeds of the sale of the…
2Cases cited10 opinions
- Olliffe v. WellsMassachusetts Supreme Judicial Court · 1881
- Sharp v. HallSupreme Court of Alabama · 1888
- In Re the Probate of the Last Will & Testament of DiezNew York Court of Appeals · 1872
- Lautenshlager v. LautenshlagerMichigan Supreme Court · 1890
- Krell v. CodmanMassachusetts Supreme Judicial Court · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- National Shawmut Bank v. JoyMassachusetts Supreme Judicial Court · 1944
- City of Boston v. DolanMassachusetts Supreme Judicial Court · 1937
- Kerwin v. DonaghyMassachusetts Supreme Judicial Court · 1945
- Farkas v. WilliamsIllinois Supreme Court · 1955
- Lewis v. CurnuttSupreme Court of Iowa · 1906
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