Watkins v. Arms

Supreme Court of New Hampshire

Watkins v. Arms

6 A. 92, 64 N.H. 99

CourtSupreme Court of New Hampshire

DecidedJune 5, 1886

StatusPublished

Cited by3 cases

This text of 6 A. 92 (Watkins v. Arms) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Watkins v. Arms, 6 A. 92, 64 N.H. 99 (N.H. 1886).

Pincite

Opinion

Carpenter, J.

The plaintiff’s rights are not affected by the insolvency proceedings in Vermont. Perley v. Mason, 64 N. H. 6 ; Carbee v. Mason, 64 N. H. 10, and cases cited.

The conveyance of the land and bank stock to the defendant was absolute in terms, but was in fact a mere security. Watkins, upon payment of the mortgage debt was entitled to a reconveyance. This is a secret trust, and fraudulent in law, though no fraud was in fact intended. Stratton v. Putney, 63 N. H. 577, and cases cited.

Decree for the plaintiff.

Allen, J., did not sit: the others concurred.

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Carpenter, J.

The plaintiff’s rights are not affected by the insolvency proceedings in Vermont. Perley v. Mason, 64 N. H. 6 ; Carbee v. Mason, 64 N. H. 10, and cases cited.

The conveyance of the land and bank stock to the defendant was absolute in terms, but was in fact a mere security. Watkins, upon payment of the mortgage debt was entitled to a reconveyance. This is a secret trust, and fraudulent in law, though no fraud was in fact intended. Stratton v. Putney, 63 N. H. 577, and cases cited.

Decree for the plaintiff.

Allen, J., did not sit: the others concurred.

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Bluebook (online)

6 A. 92, 64 N.H. 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watkins-v-arms-nh-1886.

Opinion

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