Legal Opinion

McKeldin v. Gouldy

Tennessee Supreme Court

Decided September 24, 1892PublishedCited by 12 opinions

PROM M’MINN. Appeal from Chancery Court of McMinn Comity. T. M. McCoNNEll, Ch.

1Opinion of the CourtLurtoN, J.

This is a bill in equity. The question presented is as to whether a Court of Equity has - jurisdiction to aid a creditor at large, holding a legal demand, to reach and subject to the satisfaction of his claim an equitable interest not leviable at law — there being no trust, fraud, or lien— when such interposition is sought alone upon the allegation that the debtor is insolvent, and that nothing can be made out of him at law. The original jurisdiction of Courts of Equity, to aid a creditor holding a legal demand, was limited to those cases in . which there was some element of fraud affecting…

2Cases cited3 opinions

  1. Jourolmon v. MassengillTennessee Supreme Court · 1887
  2. Smith v. Railroad Co.Supreme Court of the United States · 1879
  3. Porter v. LeeTennessee Supreme Court · 1890

3Cited by12 opinions

  1. Morgan Bros. v. Dayton Coal & Iron Co.Tennessee Supreme Court · 1915
  2. Roberts v. FroggeTennessee Supreme Court · 1923
  3. Russell v. ZanoneCourt of Appeals of Tennessee · 1966
  4. Willis v. Mann Const. Co.Tennessee Supreme Court · 1921
  5. Adler Goldman Commission Co. v. WilliamsDistrict Court, W.D. Arkansas · 1914

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