152 (1856), the Supreme Judicial Court held: When a party holds a mortgage to secure the payment of a single negotiable note only, and no formal assignment is made of the mortgage, and nothing to indicate an intention of the parties that it is not to be assigned; as the mortgagee and indorser of the note, after such indorsement, would hold only a barren fee, without beneficial interest, and as the mortgage accompanying the note would be highly beneficial to the indorsee for the security of his note, the law may well imply the intention of the parties that the mortgage is thenceforth to be held by the mortgagee in trust for the indorsee. In other words, such a transaction might manifest a resulting trust. Id. at 154; see Collins v. Curtin, 325 Mass. 123, 125-26, 89 N.E.2d 211 (1949) (<HOLDING>); Sturtevant v. Jaques, 96 Mass. 523, 527
holding that a title holder has  the superior right to possession over one who holds no title holding that by operation of law a trust results where a person holds naked title for the benefit of another holding in addition that where constructive trust imposed trustee holds legal title only under section 541a recognizing where naked trust created the division of naked legal title and equitable title which may be united at option of cestui que trust holding that express trust was created for benefit of investors even though other person took legal title in his name as trustee