Urann v. Coates
Massachusetts Supreme Judicial Court
Bill dt equity against Ezra J. Coates and Albert Thompson, alleging that Isaac P. Rand, being in debt to Benjamin Rand, and having mortgaged to him certain real estate in Roxbury and Dorchester, conveyed to him the said real estate by a deed absolute in form, but really upon trust to apply the avails to the payment of said debts and incumbrances, and to pay over and account for the balance to Isaac P. Rand; that this trust was declared in the following writing: — “ Boston,…
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Bill dt equity against Ezra J. Coates and Albert Thompson, alleging that Isaac P. Rand, being in debt to Benjamin Rand, and having mortgaged to him certain real estate in Roxbury and Dorchester, conveyed to him the said real estate by a deed absolute in form, but really upon trust to apply the avails to the payment of said debts and incumbrances, and to pay over and account for the balance to Isaac P. Rand; that this trust was declared in the following writing: — “ Boston, July 21,1865. I, Benjamin Rand, having purchased the estate of Isaac P. Rand, of Roxbury, said estate being situated…
1Opinion of the CourtColt, J.
The bill charges that Benjamin Rand held the land, conveyed to him by the absolute deed of Isaac P. Rand, upon trust to apply the avails of it to the payment of certain incumbrances and debts due him, and to account for any surplus to Isaac P. Rand, the grantor, to whose right the plaintiff, as assignee, has succeeded. The writings by which it is claimed that *583this trust is declared are fully set forth, and it is alleged that, under the trust, sales have been made of more than enough to pay all demands and charges, leaving a surplus to which the plaintiff is entitled.
The defendants file a plea…
2Cases cited1 opinion
- Bunn v. WinthropNew York Court of Chancery · 1815
3Cited by32 opinions
- Ransdel v. MooreIndiana Supreme Court · 1899
- Gerrish v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1880
- The Equitable Life Assurance Society of the United States v. Sandra Porter-Englehart, Sandra Porter-EnglehartCourt of Appeals for the First Circuit · 1989
- Sawyer v. CookMassachusetts Supreme Judicial Court · 1905
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1912
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