Hageman v. Brown
New Jersey Court of Chancery
On exceptions to answer of defendant Charles G-. Brown. The purpose of the bill in this suit is to procure a decree declaring the equitable title to certain real estate to be vested in defendant Charles G. Brown, the legal title to which now stands in the name of his daughter Roberta Brown, to the end that the real estate may be subjected to the lien of a certain judgment held by complainant against defendant Charles G. Brown.
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On exceptions to answer of defendant Charles G-. Brown. The purpose of the bill in this suit is to procure a decree declaring the equitable title to certain real estate to be vested in defendant Charles G. Brown, the legal title to which now stands in the name of his daughter Roberta Brown, to the end that the real estate may be subjected to the lien of a certain judgment held by complainant against defendant Charles G. Brown. The bill charges that Roberta Brown, the daughter who holds the legal title, has no beneficial interest in the premises, but holds the same in trust for her father with…
1Opinion of the Court
Leaking, Y. C.
I am convinced that the exceptions to the answer must be sustained.
1. There are probably few rules of equity pleading more firmly established than the requirement that every material fact which it is necessary for a complainant to prove to establish his right to the relief he asks must be alleged in the premises of his bill with fullness and particularity, and that a suitor who seeks relief on the ground of fraud must state the facts which constitute the fraud, so that the person against whom relief is sought may be afforded a full opportunity to deny or explain the facts…
2Cases cited1 opinion
- Trustees of Methodist Episcopal Church v. JaquesNew York Court of Chancery · 1814
3Cited by3 opinions
- New Amsterdam Casualty Co. v. MandelNew Jersey Court of Chancery · 1934
- 536 Broad St. Corp. v. Valco Mortgage Co., Inc.New Jersey Court of Chancery · 1944
- Kuser v. CookeNew Jersey Court of Chancery · 1933