Wood v. Mann
U.S. Circuit Court for the District of Massachusetts
Bill in equity to set aside a certain conveyance, made by the plaintiff [Josiah Wood, Jr.] to one John R. Adams (a defendant), asserted to have been procured by fraud and imposition upon the plaintiff.
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Bill in equity to set aside a certain conveyance, made by the plaintiff [Josiah Wood, Jr.] to one John R. Adams (a defendant), asserted to have been procured by fraud and imposition upon the plaintiff. The bill averred, that Elisha Fuller, one of the defendants, had notice of the alleged fraud and imposition, in the following terms; namely, “the said Fuller then and there well knowing all and singular the premises, and combining and confederating as aforesaid, the nominal consideration of the said deed, being stated to be forty thousand dollars; but what consideration, or whether any…
1Opinion of the Court
STORY, Circuit Justice.
The first question made at the bar is, whether, if the plaintiff asserts a legal title, the plea of a bona fide purchase for a valuable consideration, without notice, is a good bar in equity to a bill, like the present, which is for discovery and relief. Without doubt, a plea to the whole bill, which is bad in part, and good in part, may be allowed to the extent to which it is good, and overruled as to the residue. It may be good as to the discovery, and bad as to the relief. See Coop. Eq. PI. 23Ü; Mitf. Eq. PI. (4th Ed., by Jeremy) pp. 294, 295. Upon the question,…
2Cases cited3 opinions
- Jewett v. PalmerNew York Court of Chancery · 1823
- Trustees of Methodist Episcopal Church v. JaquesNew York Court of Chancery · 1814
- Orcutt v. OrmsNew York Court of Chancery · 1831
3Cited by5 opinions
- Kitteridge v. ChapmanSupreme Court of Iowa · 1873
- In re Estes & CarterDistrict Court, D. Oregon · 1880
- Burden v. BurdenU.S. Circuit Court for the District of Northern New York · 1903
- Bassett v. Salisbury Manufacturing Co.Supreme Court of New Hampshire · 1861
- Blanton v. ChalmersU.S. Circuit Court for the Northern District of Illnois · 1908