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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.
Document Info
Citation Numbers: 6 A. 92, 64 N.H. 99
Judges: CARPENTER, J.
Filed Date: 6/5/1886
Precedential Status: Precedential
Modified Date: 1/12/2023