The Enforcement of Decrees in Equity

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Under this statute it was decided in Felch v. Hooper - that where a non-resident defendant had by a written con- tract agreed to convey Massachusetts land to a Massa- chusetts plaintiff, when the plaintiff had paid the considera- tion and had entered on the land with the defendant's ' Ames, Cases on Trusts, 249, n. 3. - (1875) iigMass. 52.
58 THE ENFORCEMENT OF DECREES IN EQUITY permission and made improvements thereon, the land was charged with an imphed trust in the plaintiff's favor, and tha
...t under the statute the court was not powerless to enforce the trust merely because the parties holding the legal title were beyond its reach. The court is careful to rely explicitly on the statute, saying: The statute gives the court power to render an efifectual decree, and that is enough to sustain the jurisdiction when the parties or the subject-matter are within its jurisdiction.
Further illustration is afforded by the comparatively recent case of Silver Camp Mining Co. V. Dickert, ^ a case coming from a state without a statute giving courts of equity power to give a real effect to their decrees.


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