Jenney v. Alden
Massachusetts Supreme Judicial Court
This was an action of trespass for breaking and entering the plaintiff’s close in New Bedford, containing about eighteen acres. The defendant pleaded not guilty as to all, except five acres described in the plea, on which an issue was joined. As to those five acres, he pleaded that they were the soil and free hold of Rebecca Church and Kelley Eldridge, executors of the last will of Benjamin Church; and that he, as their servant, and by their command, entered, &c.
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This was an action of trespass for breaking and entering the plaintiff’s close in New Bedford, containing about eighteen acres. The defendant pleaded not guilty as to all, except five acres described in the plea, on which an issue was joined. As to those five acres, he pleaded that they were the soil and free hold of Rebecca Church and Kelley Eldridge, executors of the last will of Benjamin Church; and that he, as their servant, and by their command, entered, &c. The plaintiff, in his replication, traversed the allegation, that the said five acres were the soil and freehold of the * said R.…
1Opinion of the CourtParker, C. J.
The deed, produced by the plaintiff in support of his title, is ob jected to on the ground of it! being fraudulent against creditors ; oi *329because it should be considered, from the circumstances of the case, as creating a trust estate in the plaintiff, of which Abner Jenney, his father, was the cestui que trust; and so that it was liable to be levied upon in satisfaction of a debt due from Abner.
But, according to our statute against frauds and perjuries,(1) it cannot have vested an interest by way of trust in the father ; for there is no declaration of such trust in writing ; neither is it a…
2Cited by21 opinions
- Benson v. RemingtonMassachusetts Supreme Judicial Court · 1806
- Lackman v. WoodCalifornia Supreme Court · 1864
- Flynn v. BaisleyOregon Supreme Court · 1899
- Small v. ProcterMassachusetts Supreme Judicial Court · 1819
- Swartz v. HazlettCalifornia Supreme Court · 1857
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