Kennerson v. Nash
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on October 28, 1898, and subsequently amended, seeking to establish a resulting trust in favor of the plaintiff in certain land which it was alleged the defendant purchased with the plaintiff’s money. The case was referred to Charles C. Barton, Esquire, as master. The substance of such of his findings as are material to the decision was as follows: During the year 1897 the plaintiff became the owner in fee of the land in question.
Read the full summary
Bill in equity, filed in the Superior Court on October 28, 1898, and subsequently amended, seeking to establish a resulting trust in favor of the plaintiff in certain land which it was alleged the defendant purchased with the plaintiff’s money. The case was referred to Charles C. Barton, Esquire, as master. The substance of such of his findings as are material to the decision was as follows: During the year 1897 the plaintiff became the owner in fee of the land in question. In November of that year, he began the erection thereon of two double apartment houses. On August 16, 1897, he mortgaged…
1Opinion of the CourtLoring, J.
When A., who has agreed by word of mouth to buy land as an agent for B., betrays his trust and buys it in his own name for his own account, the statute of frauds prevents B. maintaining a bill in equity to have A. decreed to hold the land for him, B. That is settled, at least in this Commonwealth. See Tourtillotte v. Tourtillotte, 205 Mass. 547, where the earlier cases are collected; in addition to those there cited see Hall v. First National Bank, 173 Mass. 16. The reasons of this rule and the effect of it are stated with accuracy in Bourke v. Callanan, 160 Mass. 195, 196, 197.
That in effect…
2Cases cited6 opinions
- Olcott v. BynumSupreme Court of the United States · 1873
- McDonough v. O'NielMassachusetts Supreme Judicial Court · 1873
- Bourke v. CallananMassachusetts Supreme Judicial Court · 1893
- Hall v. First National Bank of ChelseaMassachusetts Supreme Judicial Court · 1899
- Tourtillotte v. TourtillotteMassachusetts Supreme Judicial Court · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Davis v. DownerMassachusetts Supreme Judicial Court · 1912
- Quinn v. QuinnMassachusetts Supreme Judicial Court · 1927
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1912
- Cann v. BarryMassachusetts Supreme Judicial Court · 1936
- Moat v. MoatMassachusetts Supreme Judicial Court · 1938
17 more not listed; retrieve them via the Exa API.