Demeter v. Demeter

In this action for equitable relief brought in a Probate Court, the plaintiff alleged that the defendant, her former husband, fraudulently deprived her of her interest in the marital home by falsely representing to her that the property was going to be foreclosed due to his inability to make mortgage payments. The judge concluded that the conduct of the defendant did not constitute fraud upon the plaintiff. We disagree.

In reviewing a trial judge’s conclusions, it is our duty to draw our own inferences and reach our own conclusions from the judge’s subsidiary findings, which will not be set…