Davis v. Metropolitan Life Insurance

The first, second, and third headnotes do not require elaboration.

In considering such a case the question might arise as to whether a court of equity has jurisdiction of a suit seeking to cancel a life-insurance policy on the ground that it was obtained by fraud. The case was tried without written demurrer or other motion to test the sufficiency of the petition. Our Code (1910), § 4538, provides: “Equity will not take cognizance of a plain legal right, where an adequate and complete remedy is provided by law.” We do not decide this question, because it is not made in the case. We will,…