Daniels v. Daniels

By the Court.

This suit sought to establish a trust for the benefit of the plaintiff in real estate conveyed to the defendant at a time when they were husband and wife. Pursuant to de*286cisión in 240 Mass. 380, rescript ordered the bill dismissed. Thereafter the plaintiff asked leave to amend his bill so as to enable him to recover the value „of the real estate on an implied contract. Leave to amend was denied, the judge saying “I have no doubt the question of a contract right to recover was not pressed or consciously litigated at the hearing” theretofore had. The allowance of the amendment…