Stratton v. Hernon
Massachusetts Supreme Judicial Court
Bill in equity, against Thomas F. Hernon and Ellen F. Hernon, filed in the Superior Court on August 4, 1890, to have certain real estate applied in payment of the plaintiff’s claim. The case was heard by Dewey, J., who reported it for the determination of this court, and was as follows.
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Bill in equity, against Thomas F. Hernon and Ellen F. Hernon, filed in the Superior Court on August 4, 1890, to have certain real estate applied in payment of the plaintiff’s claim. The case was heard by Dewey, J., who reported it for the determination of this court, and was as follows. The bill alleged that Thomas F. Hernon represented to the plaintiff that he had bargained for a parcel of land in Boston, which was described, and was to have a deed of the same and to build a house thereon; that he entered into a contract with the plaintiff to perform the labor and furnish materials in…
1Opinion of the CourtHolmes, J.
1. The plaintiff’s bill alleged a contract for work and materials with the defendant Thomas, and a conveyance of his property by him to his wife in fraud of creditors, the wife sharing in the fraud. It sought to have the property applied in payment of the debt due the plaintiff. To this there was a general demurrer for want of equity, and on the ground that the plaintiff had an adequate remedy at law by attachment. Pub. Sts. c. 172, §§ 1, 49; c. 161, § 66. The demurrer was properly overruled. A concurrent remedy in equity is given expressly, by the Pub. Sts. c. 151, § 3. Bernard v. Barney…
2Cases cited3 opinions
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3Cited by21 opinions
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- Foster v. EvansMassachusetts Supreme Judicial Court · 1981
- Carleton & Hovey Co. v. BurnsMassachusetts Supreme Judicial Court · 1934
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