Fletcher v. Holmes
Supreme Judicial Court of Maine
This was a case in Equity which was heard by the Court on demurrer to the bill, answer and proof. Plaintiff brings this bill as administrator of the estate of G-reenleaf Kiff, and on bebalf of two creditors of the estate, against one Geo. Holmes aud the wife of said Kiff, who has intermarried with one William Smith.
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This was a case in Equity which was heard by the Court on demurrer to the bill, answer and proof. Plaintiff brings this bill as administrator of the estate of G-reenleaf Kiff, and on bebalf of two creditors of the estate, against one Geo. Holmes aud the wife of said Kiff, who has intermarried with one William Smith. The charge in the bill is, that they fraudulently confederated together and took possession of a large portion of the personal estate of said Kiff, and that said Holmes, a relative, held the avails of sundry notes and property in trust for Barbara, the other defendant. The…
1Opinion of the CourtRice, J.
This case comes before us for. hearing on .bill and demurrers with answers by defendants under protest. The first question is, whether there is sufficient appearing upon the face of the bill, to give this Court jurisdiction, as a Court of equity.
By the provisions in § 10, c. 96, R. S., this Court has jurisdiction in equity, -of all cases of fraud, trust, accident'’ or mistake, when the parties have not a plain and adequate remedy at law.
The plaintiff claims to sustain this bill on the ground of fraud.
In Holland v. Cruft, 20 Pick. 321, the Court sustained a bill brought by the administratrix,…
2Cases cited1 opinion
- Selectmen of Boston v. BoylstonMassachusetts Supreme Judicial Court · 1808
3Cited by5 opinions
- Ohm v. Superior CourtCalifornia Supreme Court · 1890
- Mesmer v. JenkinsCalifornia Supreme Court · 1882
- Field v. AndradaCalifornia Supreme Court · 1895
- Pillsbury v. KingonSupreme Court of New Jersey · 1880
- Hofmann v. TuckerNebraska Supreme Court · 1899