Evans v. Bacon
Massachusetts Supreme Judicial Court
Bill in equity filed February 27, 1867, to annul, on the ground of fraud, a decree entered on the docket April 7, 1862, dismissing a bill in equity of this plaintiff against the principal defendant to redeem land; and to procure a rehearing of that cause. The answers denied fraud, and alleged, among other defences, that the plaintiff was barred by loches from any remedy on this bill.
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Bill in equity filed February 27, 1867, to annul, on the ground of fraud, a decree entered on the docket April 7, 1862, dismissing a bill in equity of this plaintiff against the principal defendant to redeem land; and to procure a rehearing of that cause. The answers denied fraud, and alleged, among other defences, that the plaintiff was barred by loches from any remedy on this bill. At the hearing, before Wells, J., who reported the case for the determination of the full court, it appeared that in the cause in question there, was no memorandum of any decree or order oi the court other than…
1Opinion of the CourtFoster, J.
In the view which the court have taken of this case, it is unnecessary to decide whether the present bill is to be regarded as one to impeach a decree for fraud, which it is said may be filed without leave of court; Adams Eq. 419 ; or osa bill of review, which, when not founded upon error in law apparent on the face of the record, can be filed only upon leave granted. Elliot v. Balcom, 11 Gray, 286.
The complaint of the plaintiff is, that in the original suit brought by him an entry of “bill dismissed” was improperly and fraudulently procured by the defendants. This entry was made April 7,…
2Cited by22 opinions
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