Murphy v. Robinson

• Court: Supreme Judicial Court of Massachusetts
• Writing for the Court: DE COURCY, J.
• Citation: Murphy v. Robinson, 214 Mass. 585, 102 N.E. 75 (Mass. 1913)
• Decision Date: 24 May 1913
• Parties: MURPHY v. ROBINSON et al.

214 Mass. 585

102 N.E. 75

MURPHY v. ROBINSON et al.

Supreme Judicial Court of Massachusetts, Suffolk.

May 24, 1913

COUNSEL

C. W. Cushing and Geo. C. Hodges, both of Boston for appellants.

Edwd. J. Fegan, of Boston, for appellee.

OPINION

DE COURCY, J.

This is a bill in equity brought by the surviving heir of Agnes F Richards, seeking among other things the cancellation of a deed fraudulently obtained from her by the defendants James E. Robinson and James H. Stark. The plaintiff's right to the relief sought was settled by the former case between the same parties (Robinson v. Richards, 209 Mass. 295 95 N.E. 790), and as the facts showing the scheme of fraud whereby James H. Stark obtained the deed, the tax title and the mortgage are set forth in the opinion in the earlier case, there is no occasion to restate them here. Saco Brick Co. v. J. J. Eustis Mfg. Co., 207 Mass. 312, 314 93 N.E. 629. See Robinson v. Richards, ubi supra. Within a month after that decision was rendered, the defendants apparently attempted by indirection to defeat the relief indicated by this court, by undertaking to foreclose the Perry mortgage, which they had acquired by representing to Perry that it was invalid and unenforceable; and this proceeding was then brought. It is admitted by the defendants that the facts alleged in the amended bill of complaint are true.

The final decree was warranted by the facts. The defendants cannot now set up the mortgage which they acquired by means of their active fraud in representing it to be an invalid incumbrance, and which if valid would be merged by being assigned to the defendant Robinson, in whom the legal title then stood. If the question of the jurisdiction of the superior court is now open, it is enough to say that the discharging as of record of the outstanding mortgage incumbrance is...