Kautz v. Sheridan
Supreme Judicial Court of Maine
Bill in equity asking that a certain bill of sale given by one of the defendants to the other be declared null and void, and further that the said defendants be enjoined from disposing of the property mentioned, in said bill of sale. Cause was heard upon bill, answer, replication and evidence, and by agreement of parties was reported-to Law Court. Judgment in accordance with opinion. Case stated in opinion.
1Opinion of the CourtDeasy, J.
In this case the plaintiff, a creditor, praying for relief in equity says that the female defendant, her debtor, has fraudulently and without consideration transferred all her property to the other defendant. Stated thus it would seem like an ordinary creditor’s bill where the equitable remedy is appropriate and often applied. But this case presents two unusual features: The obligation upon which the plaintiff bases her bill had not matured when the suit was brought and she prays not that present payment be compelled but that .ultimate payment, rendered precarious by the transfer, be in a…
2Cases cited5 opinions
- McDuffie v. Lynchburg Shoe Co.Supreme Court of Alabama · 1912
- Frye v. MileyWest Virginia Supreme Court · 1903
- Simon v. EllisonSupreme Court of Virginia · 1895
- Soule v. SouleMassachusetts Supreme Judicial Court · 1892
- Wildasin v. LongWest Virginia Supreme Court · 1914
3Cited by2 opinions
- Trachten v. BoyarskySupreme Court of Connecticut · 1937
- Marotta v. American Surety Co. of New YorkCourt of Appeals for the First Circuit · 1932