Potter v. Kimball
Massachusetts Supreme Judicial Court
Bill in equity, filed March 1, 1902, by the heirs at law of John H. Potter and the administrator of his estate against the widow and heirs at law of William B. Kimball, to establish a trust in certain real estate in Topsfield, and for an accounting, alleging, that the real estate was worth about $4,000 and was transferred as security for an indebtedness of Potter to Kimball of $765.31, having been taken by-Kimball with the consent of Potter by attachment and purchase at…
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Bill in equity, filed March 1, 1902, by the heirs at law of John H. Potter and the administrator of his estate against the widow and heirs at law of William B. Kimball, to establish a trust in certain real estate in Topsfield, and for an accounting, alleging, that the real estate was worth about $4,000 and was transferred as security for an indebtedness of Potter to Kimball of $765.31, having been taken by-Kimball with the consent of Potter by attachment and purchase at execution sale in 1881 and also by a judgment on a writ of entry in 1882, that Kimball died intestate on September 17, 1888,…
1Opinion of the CourtMorton, J.
This case comes here on appeal by the plaintiffs from a decree sustaining the demurrer and ordering the bill to be dismissed. The grounds of demurrer were first the general one of want of equity, and then, in the order stated, laches, the statute of limitations, the statute of frauds, and a complete and adequate remedy at law. The ground or grounds on which the demurrer was sustained and the bill dismissed are not stated anywhere in the record, and there is no waiver on the part of the defendants of any of the causes of demurrer, though the defence principally relied on is that of laches.…
2Cases cited3 opinions
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
- Jones v. McDermottMassachusetts Supreme Judicial Court · 1874
- Cullen v. CareyMassachusetts Supreme Judicial Court · 1888
3Cited by22 opinions
- Lufkin v. JakemanMassachusetts Supreme Judicial Court · 1905
- Greenfield Savings Bank v. AbercrombieMassachusetts Supreme Judicial Court · 1912
- Sawyer v. CookMassachusetts Supreme Judicial Court · 1905
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1912
- Andrews v. Tuttle-Smith Co.Massachusetts Supreme Judicial Court · 1906
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