Batty v. Greene
Massachusetts Supreme Judicial Court
Contract against the administrator de bonis non of the estate of Elizabeth Fotherby, otherwise known as Elizabeth Batty, afterwards, by an amendment allowed on October 9,1908, changed into a suit in equity, to recover certain property alleged to have been obtained from the plaintiff by the fraud of the defendant’s intestate in wilfully concealing from the plaintiff, with whom she went through a form of marriage on September 18, 1889, the fact that she then had a husband…
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Contract against the administrator de bonis non of the estate of Elizabeth Fotherby, otherwise known as Elizabeth Batty, afterwards, by an amendment allowed on October 9,1908, changed into a suit in equity, to recover certain property alleged to have been obtained from the plaintiff by the fraud of the defendant’s intestate in wilfully concealing from the plaintiff, with whom she went through a form of marriage on September 18, 1889, the fact that she then had a husband living and in continuing such fraudulent concealment until the death of her lawful husband in April, 1902, during which time…
1Opinion of the CourtHammond, J.
This is a bill in equity brought against the administrator of the estate of Elizabeth H. F. Mitchinson, so called, to recover property obtained by the said Mitchinson by fraud and still held by the defendant as a part of her estate. The case was sent to a master, and is before us upon appeals taken by the defendant to the decree affirming the master’s report and to the final decree in favor of the plaintiff. Since this action was brought the original plaintiff has died and the action is now prosecuted by Edwin Batty, the administrator of his estate.
The following facts, among others, are found…
2Cases cited5 opinions
- Stewart v. Wyoming Cattle Ranche Co.Supreme Court of the United States · 1888
- Parker v. SimpsonMassachusetts Supreme Judicial Court · 1902
- Morrill v. PalmerSupreme Court of Vermont · 1895
- Van Houten v. MorseMassachusetts Supreme Judicial Court · 1894
- Payne's Appeal from the Doings of CommissionersSupreme Court of Connecticut · 1895
3Cited by15 opinions
- Lovejoy v. BaileyMassachusetts Supreme Judicial Court · 1913
- Jekshewitz v. GroswaldMassachusetts Supreme Judicial Court · 1929
- Harvey v. SquireMassachusetts Supreme Judicial Court · 1914
- Shrader v. ShraderMississippi Supreme Court · 1919
- Rockwell v. FurnessMassachusetts Supreme Judicial Court · 1913
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