(Download) "Druker v. Druker" by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free
eBook details
- Title: Druker v. Druker
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 30, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
DOLAN, Justice. This is a suit in equity in which the plaintiff seeks to establish title to certain real estate standing in the name of her husband, the defendant, for an accounting of all sums of money received by him from said property, and for payment to her of such sums as may be found to be due her under the accounting. The property was purchased by the defendant following his betrothal to the plaintiff, but before he married her. The Judge, after hearing, filed 'Findings of Fact and Order for Decree,' in accordance with which a final decree was entered dismissing the bill. The case comes before us upon the plaintiff's appeal from that decree. There is no report of the evidence. So far as appears the findings of fact were made by the Judge voluntarily and not as a report of 'the material facts found by him' under G.L.(Ter.Ed.) c. 214, § 23. The parties, however, have dealt with the case as if the findings were of all the material facts found by him, and, considering the scope and extent of the findings, and since the result will be the same, we treat the findings on that basis. See, however, Birnbaum v. Pamoukis, 301 Mass. 559, 561, 562, 17 N.E.2d 885, and cases cited. Thus considered, 'the decree * * * must be affirmed if the Conclusions of fact of the trial Judge are consistent with the specific facts found by him.' Goldston v. Randolph, 293 Mass. 253, 255, 199 N.E. 896, 898.