Watkins v. Arms
Supreme Court of New Hampshire
Watkins v. Arms, 6 A. 92 (N.H. 1886)
64 N.H. 99
Carpenter, Allen
Watkins v. Arms
Opinion of the Court
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.
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