Wheatland v. Lovering
Massachusetts Supreme Judicial Court
Action of tort, under Si. 1853, c. 371, praying for relief in equity, brought by the assignee of an insolvent debtor to set aside a conveyance obtained from said debtor by false representations and in fraud of his creditors. Writ dated and served April 17th 1855. The defendant on the 7th of November 1855 filed a general demurrer.
1Opinion of the CourtDewey, J.
This demurrer must be sustained, this court having at the time of the institution of the present action no general jurisdiction over frauds, that would authorize giving the relief in equity here prayed for. Holland v. Cruft, 20 Pick. 321. Nor can this action be maintained under the provisions of the St. of 1853, c. 371.
The only ground upon which the plaintiff has supposed his action might be maintained we understand to be that the recent St. of 1855, c. 194, has given to this court “jurisdiction in equity in all cases of fraud.” This provision is certainly broad enough to include cases of…
2Cases cited1 opinion
- Sampson v. SmithMassachusetts Supreme Judicial Court · 1819
3Cited by1 opinion
- Corrigan v. Bank of America, N.A.District Court of Appeal of Florida · 2016