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16 R.I. 189

13 A 121

Chafee v. Sprague

Supreme Court of Rhode Island

Decided February 18, 1888

Supreme Court of Rhode Island · decided 1888-02-18

Bill in Equity to compel the transfer of certain corporate stock and for a receiver. Fanny Sprague, in her lifetime, became an executing party to a certain deed of trust to Zechariah Chafee, dated November 1, 1873, and printed in Austin v. Sprague Manuf. Go. 14 R. I. 464.

Cited by 3 later decisions — most recently May 1931

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1888-02-18

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¶1Although the bill prays for the specific performance of a contract relating to personal property, for breach of which there is ordinarily an adequate remedy at law, the court is of opinion that, as the property in question was contracted to a trustee in aid and enforcement of the provisions of a trust mortgage, a court of equity has jurisdiction of the subject matter of the bill. The stock in question was to be transferred upon request; but no request was made upon the intestate during her lifetime. As against a solvent estate, we think this would not render the bill demurrable; and as we construe the bill, no specific allegation of insolvency appears.

¶2Demurrer overruled.*191

¶3The case then came on for hearing on bill, answer, and proofs.

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