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Karas v. Karas

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eBook details

  • Title: Karas v. Karas
  • Author : Supreme Judicial Court of Massachusetts
  • Release Date : January 02, 1936
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

LUMMUS, Justice. In Karas v. Karas, 288 Mass. 460, 193 N.E. 18, the plaintiff sought to obtain, as the cestui under a resulting trust, a half interest in real estate the title to which had been taken in the name of the defendant, his wife. It was not found that the plaintiff paid the whole price, although he paid almost all of it. Each, it was found, was to have some undefined share in the property. Upon these facts, the bill was dismissed, and on appeal the final decree was affirmed. Afterwards the plaintiff brought a new bill, alleging as before that he paid the purchase price and was to have a half interest. But in the new bill he prayed, not for a conveyance of a half interest, but for the payment to him of the value of a half interest. The defendant filed a plea of former adjudication, which was sustained, and the new bill was dismissed with costs. The plaintiff appealed.


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