Merrill v. Souther

Merrill filed a bill in chancery against Souther and Fowler, alleging that, after a fien facias on a judgment which he had obtained against Souther, had been returned nulla bona, the latter had obtained a judgment against him for a smaller sum, and, being hopelessly insolvent, had fraudulently assigned it to his co-defendant, Fowler; and therefore, praying for an injunction against the latter judgment, and tor a final decree of set-off.

In their answers, both defendants denied the imputed fraud, insisted that the assignment had been made bona fide, and for a valuable consideration, and…