Webster v. Clark
Supreme Judicial Court of Maine
This was a bill in equity against John R. Clark, Charles H. Clark and Horatio Clark, and was heard on a demurrer to the bill. The allegations in the bill are stated in the opinion of the Court. contending that the bill was insufficient, as it disclosed no ground whereon to ask any remedy of this Court, sitting as a court of equity. Every thing alleged in the bill might be true, and yet the plaintiff might have a full and adequate remedy at law.
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This was a bill in equity against John R. Clark, Charles H. Clark and Horatio Clark, and was heard on a demurrer to the bill. The allegations in the bill are stated in the opinion of the Court. contending that the bill was insufficient, as it disclosed no ground whereon to ask any remedy of this Court, sitting as a court of equity. Every thing alleged in the bill might be true, and yet the plaintiff might have a full and adequate remedy at law. It is not alleged, that there was any levy upon the real estate said to have been fraudulently conveyed, and no return has been made upon the…
1Opinion of the Court
The opinion of the Court was drawn up by
Shepley J.
The facts stated in the bill, so far as they are important for the decision of the questions presented by the demurrer, may be briefly exhibited. Gibson Smith recovered a judgment against John R. Clark, in January, 1844, and assigned the same by verbal agreement to the plaintiff, to whom the execution had been delivered. Clark had before, in March, 1843, conveyed all his real and personal estate to his sons, the other defendants, in fraud of the rights of his creditors. A certain sum was paid upon the execution, which remains unsatisfied for…
2Cases cited3 opinions
- Cuyler v. MorelandNew York Court of Chancery · 1837
- Henriques v. HoneNew York Court of Chancery · 1833
- Reed v. WheatonNew York Court of Chancery · 1839
3Cited by6 opinions
- Gilbert v. StockmanWisconsin Supreme Court · 1892
- J. E. Paulson & Co. v. WardNorth Dakota Supreme Court · 1894
- Martin v. JAMES B. BERRY SONS'CO.Court of Appeals for the First Circuit · 1936
- McKenna v. CrowleySupreme Court of Rhode Island · 1888
- Northern Montana State Bank v. CollinsMontana Supreme Court · 1923
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