Hopkinson v. Dumas
Supreme Court of New Hampshire
Suit for dower in certain premises in Concord, in this county. It was admitted that the demand for the dower was duly made on the 28th day of J une, A. D. 1856. It was also admitted by the defendant that the plaintiff is entitled to dower in one fifth part of the premises, and the question made in this case is, whether she is entitled to dower in any greater portion of them, under the following circumstances: In 1835, George Hopkinson, the plaintiff’s husband, John T.…
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Suit for dower in certain premises in Concord, in this county. It was admitted that the demand for the dower was duly made on the 28th day of J une, A. D. 1856. It was also admitted by the defendant that the plaintiff is entitled to dower in one fifth part of the premises, and the question made in this case is, whether she is entitled to dower in any greater portion of them, under the following circumstances: In 1835, George Hopkinson, the plaintiff’s husband, John T. Coffin, Woodbury Melcher, Francis Bussell and Horace L. Hazelton, agreed to unite in the purchase of the premises in question,…
1Opinion of the CourtSargent, J.
The case finds that the arrangement and agreement, under which the purchase was made, was that the parties should unite in purchasing the land, and that each should have one fifth part thereof; that each furnished his equal proportion of the money that was paid at the time, and they all signed the notes given for the balance of the purchase money; but the deed was made to only one, and he signed the notes as principal and the others as sureties only; and from this it is claimed that there can be no resulting trust to those who signed as such sureties.
There is no doubt, in ordinary cases,…
2Cases cited4 opinions
- Coster v. LorillardCourt for the Trial of Impeachments and Correction of Errors · 1835
- Gardner v. AstorNew York Court of Chancery · 1817
- Nicholson v. HalseyNew York Court of Chancery · 1815
- Robison v. CodmanU.S. Circuit Court for the District of Maine · 1831
3Cited by3 opinions
- White v. GordonDistrict Court, D. New Hampshire · 2016
- Shepard v. TaylorSupreme Court of Rhode Island · 1888
- White v GordonDistrict Court, D. New Hampshire · 2016