Dickinson v. Todd
Massachusetts Supreme Judicial Court
Bill in equity, filed November 16, 1896, in the Superior Court, against Mabel L. Todd and David P. Todd, her husband, to set aside a conveyance of land in Amherst to the said Mabel, alleged to have been procured by misrepresentation and fraud. Hearing before Hopkins, J., who entered a decree for the plaintiff ; and the defendants appealed to this court. The facts appear in the opinion.
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Bill in equity, filed November 16, 1896, in the Superior Court, against Mabel L. Todd and David P. Todd, her husband, to set aside a conveyance of land in Amherst to the said Mabel, alleged to have been procured by misrepresentation and fraud. Hearing before Hopkins, J., who entered a decree for the plaintiff ; and the defendants appealed to this court. The facts appear in the opinion. The case was argued at the bar in September, 1898, and afterwards was submitted on briefs to all the justices except Field, C. J.
1Opinion of the CourtKnowlton, J.
The justice of the Superior Court found that the deed in question was procured by fraud of the grantee, and *184entered a decree for the plaintiff. The defendants appealed, and the question before us is whether the finding of the judge was erroneous. An appeal in equity brings to the appellate court questions of fact which arise upon the record, as well as questions of law. But the practice which has long prevailed in Massachusetts of presenting the testimony in suits in equity orally instead of in writing has materially changed the effect of appeals in such -suits upon questions of fact. Under…
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