Nickerson v. Cass, 2905
| Decision Date | 18 January 1962 |
| Docket Number | No. 2905,2905 |
| Parties | George P. NICKERSON v. Martin V. CASS, Jr., et al. Eq. |
| Court | Rhode Island Supreme Court |
Gerald A. Oster, Irving N. Espo, Lincoln, for complaint.
Abedon & Abedon, Richard L. Abedon, Providence, for respondent.
This is a bill in equity filed September 15, 1953 against various respondents for the purpose of impressing a trust for the benefit of the complaint upon certain land located in the town of Lincoln. The respondent Martin V. Cass, Jr. filed a demurrer to the bill on the ground of laches. The demurrer was sustained by the trial justice and to an amended bill the same respondent again demurred on the ground of laches. From a decree sustaining the demurrer to the amended bill the complainant has duly prosecuted an appeal to this court.
It appears from the amended bill that on January 13, 1919 Mary Cass, the owner of a tract of land in the town of Lincoln containing approximately 23 acres, executed a mortgage thereon to Emery M. Porter individually and as trustee, which is duly recorded; that on January 14, 1919 she conveyed the real estate to herself, Martin V. Cass, Sr. and John F. Autran in trust under a deed of trust dated December 8, 1915, recorded in said town of Lincoln, and known as the City and Suburban Land Trust; and that the trustees caused said real estate to be platted and laid out in lots, which plat was recorded and entitled 'Prospect Terrace made by J. A. Latham and Son C. E. June 19, 1919.'
It also appears that on June 19, 1919 the trustees entered into a written agreement with complainant for the purchase and sale of lots numbered 8 and 9 on 'Prospect Terrace' plat, which was duly recorded; that it provided that the purchase price would be $638 payable $75 upon the signing of the agreement and $2 a week thereafter until the principal sum was paid; that complainant paid the entire principal sum, the last payment being made on September 13, 1926; that he was never given a deed by the trustees; and that the town of Lincoln billed complainant for taxes on the lots which were paid by him until 1949.
The complainant has alleged on information and belief that all of the trustees of City and Suburban Land Trust have deceased, of whom the last was Mary Cass who died on January 29, 1947.
It appears further that Martin V. Cass, Jr. was appointed executor of her estate on February 4, 1947; that when he was executor he obtained a transfer of the Porter mortgage from the holder thereof; that as mortgagee he foreclosed the mortgage and in his own name became the purchaser at foreclosure sale; and that he thereafter conveyed the property to himself by deed dated September 16, 1948.
It appears further that lots numbered 8 and 9 were sold to respondents Francis and Susanna Kelley by deed dated April 17, 1950; that they executed a mortgage to respondent Rhode Island Hospital Trust Company dated July 14, 1950; and that subsequently the Kelleys conveyed lot 9 to respondents Ludger Ferland and Alma Ferland by deed.
It is alleged further that respondent Cass in his capacity as executor knew of the existence of the rights of complainant in the property and that the foreclosure was designed to...
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Evergreen Estates Managing Corp. v. Town of Coventry
...of the defense of laches is generally committed to the discretion of the trial justice." Id. at 703 (citing Nickerson v. Cass, 93 R.I. 495, 498, 177 A.2d 384, 385-86 (1962)). The defense of laches involves '"not only delay but also a party's detrimental reliance on the status quo."' Andruki......
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Fitzgerald v. O'Connell
...is a question of fact and, in the first instance, one which is committed to the sound discretion of the trial justice. Nickerson v. Cass, 93 R.I. 495, 177 A.2d 384 (1962). But such discretion is not unlimited and will be reviewed by this court for an abuse thereof. As we have noted many tim......
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O'Reilly v. Town of Glocester
...that the application of the defense of laches is generally committed to the discretion of the trial justice. Nickerson v. Cass, 93 R.I. 495, 498, 177 A.2d 384, 385-86 (1962). We believe, however, that the trial justice incorrectly concluded that laches barred plaintiffs' Many courts faced w......
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Lynch v. John W. Kennedy Co., No. PB 03-3355 (RI 6/23/2005)
...the plaintiffs are guilty of laches is a question of fact. Fitzgerald, 120 R.I. at 245, 386 A.2d at 1388 (citing Nickerson v. Cass, 93 R.I. 495, 177 A.2d 384 (1962)). In opposing summary judgment as to Count III, the Plaintiff makes a blanket statement that "the passage of time did not resu......