Caswell v. Caswell
Supreme Judicial Court of Maine
Bill in equity by George W. Caswell against J. Madison Caswell, and Amasa Russell as Administrator of Job Caswell deceased. The. case was heard upon bill, answer and proof.
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Bill in equity by George W. Caswell against J. Madison Caswell, and Amasa Russell as Administrator of Job Caswell deceased. The. case was heard upon bill, answer and proof. To those who are conversant with equity proceedings, it may occasion no surprise, when it is stated, that in the present case, one copy of the abstract of the case covers three hundred and seventy-four closely written manuscript pages; and that the printed and written arguments of the highly respectable and learned counsel for the parties extended to two hundred and thirty-five pages more, about equally divided between…
1Opinion of the Court
Tenney J.
— The plaintiff presents himself in the bill, an alleged creditor of the estate of Job* Caswell, deceased, represented insolvent, his claim having been allowed by commissioners of insolvency. He alleges, that the defendant, J. Madison Caswell, holds real estate, conveyed by the intestate to him, in fraud of the rights of creditors, and seeks discovery and relief in his bill, without a statement of the facts, a discovery of which is desired, and an averment, that they rest within the knowledge of the defendants alone, and are not susceptible of other proof, and that a discovery of…
2Cited by5 opinions
- Bennett v. WilsonCalifornia Supreme Court · 1898
- Mesmer v. JenkinsCalifornia Supreme Court · 1882
- Rummens v. Guaranty Trust Co.Washington Supreme Court · 1939
- Fehringer v. Commercial National Bank of OgdenUtah Supreme Court · 1901
- Beswick v. Churchill Co.California Court of Appeal · 1913