Faxon v. Folvey
Massachusetts Supreme Judicial Court
Writ OR entry, dated July 20, 1871, to recover land in Quincy. At the trial in the Superior Court, before Pitman, J., the following facts appeared: O. S. French gave a warranty deed of the land, dated April 6, 1861, to Stephen Morse, Jr., purporting to be for a valuable consideration ; the deed was given to secure Morse against liability on a promissory note which he had indorsed at French’s request.
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Writ OR entry, dated July 20, 1871, to recover land in Quincy. At the trial in the Superior Court, before Pitman, J., the following facts appeared: O. S. French gave a warranty deed of the land, dated April 6, 1861, to Stephen Morse, Jr., purporting to be for a valuable consideration ; the deed was given to secure Morse against liability on a promissory note which he had indorsed at French’s request. On August 11,1862, French gave Morse his note for $225, which was the amount that Morse had been compelled to pay on his indorsement, and Morse gave him the following paper: “ August 11, 1862.…
1Opinion of the CourtColt, J.
The land demanded was conveyed by French to Morse in 1861, to be held under a verbal agreement as security for the indorsement of a note. Although absolute in form, it was a conveyance in trust. French afterwards gave his note to Morse for the amount paid on account of this indorsement, and took a writing signed by him, dated August 11,1862, stating that he had received of French a deed of land in Quincy which was to be reconveyed to him, his heirs and assigns, upon payment of the note then given.
These facts appear in the tenant’s case, and are not attempted to be controlled by the demandant.…
2Cases cited3 opinions
- Hall v. CorcoranMassachusetts Supreme Judicial Court · 1871
- Myers v. MeinrathMassachusetts Supreme Judicial Court · 1869
- Barbell v. JoyMassachusetts Supreme Judicial Court · 1819
3Cited by12 opinions
- Cohen v. Newton Savings BankMassachusetts Supreme Judicial Court · 1946
- Stratton v. EdwardsMassachusetts Supreme Judicial Court · 1899
- Herman v. EdingtonMassachusetts Supreme Judicial Court · 1954
- Low v. WelchMassachusetts Supreme Judicial Court · 1885
- Webber v. ClarkIllinois Supreme Court · 1891
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