Mulcahey v. Dow

I dessent. The purpose of the proceeding is not to disturb this action of the probate court at all; that court had jurisdiction of the matter in question, and upon the testimony and showing before it the decree of distribution could not well have been different from the one entered. The question here is whether a party who has succeeded in obtaining a thing through fraud can be compelled to yield it to whom it properly belongs and who would not have been deprived of it excepting through such fraud. Our code lays down the general rule in such cases in the following language: “One who gains a…