Kolasinski v. Paczkowski

This suit may be described briefly as a suit to establish a constructive trust for the benefit of each of the plaintiffs to the extent of her undivided share in a farm in Shutesbury the title to which now stands in the names of two of the defendants subject to a mortgage given by them to the third defendant to secure preexisting debts. No contention is put forward that this defendant is an innocent purchaser for value. See Goodwin v. Massachusetts Loan & Trust Co. 152 Mass. 189, 198, 199. Am. Law Inst. Restatement: Trusts, § 305. The defendants appeal from a decree in favor of all of the…