Stockwell v. Stockwell
Supreme Court of New Hampshire
Bill in Equity, praying for a reconveyance of real estate-The bill alleges, in substance, that on October 13, 1899, the plaintiff executed to the defendant a deed of six parcels of land, and upon the same day the defendant gave the plaintiff a bond to reconvey the same to her upon demand, under a penalty of $8,000. The land conveyed was fully described in the bond, which was duly recorded.
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Bill in Equity, praying for a reconveyance of real estate-The bill alleges, in substance, that on October 13, 1899, the plaintiff executed to the defendant a deed of six parcels of land, and upon the same day the defendant gave the plaintiff a bond to reconvey the same to her upon demand, under a penalty of $8,000. The land conveyed was fully described in the bond, which was duly recorded. The plaintiff has demanded a deed of the land in accordance with the terms of the bond. At the date of these instruments, a libel for divorce against the plaintiff, praying for alimony in favor of her then…
1Opinion of the CourtParsons, C. J.
The plaintiff conveyed to the defendant certain real estate, taking back from him a bond with a penalty for a reconveyance of the same upon demand. The bill is brought to secure a reconveyance according to the terms of the bond. If the transaction were voidable as to creditors, it was valid between the parties unless in fact made with a fraudulent intent. Hall v. Hall, 70 N. H. 47; Esty v. Long, 41 N. H. 103. Unless defeated on the ground of the illegality of the contract sought to be enforced, the plaintiff is entitled to a reconveyance according to the terms of the bond. Ewins v. Grordon,…
2Cases cited6 opinions
- Manchester & Lawrence Railroad v. Concord RailroadSupreme Court of New Hampshire · 1889
- Edgerly v. HaleSupreme Court of New Hampshire · 1901
- Thompson v. EstySupreme Court of New Hampshire · 1896
- Stratton v. PutneySupreme Court of New Hampshire · 1885
- Hall v. HallSupreme Court of New Hampshire · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Matter of Mae Disorda SavageSupreme Court of Vermont · 1941
- Belisle v. BelisleSupreme Court of New Hampshire · 1937