Briggs v. French
U.S. Circuit Court for the District of Massachusetts
BUI in equity [by William Briggs against Arthur French]. The bill set out a fraudulent attachment and levy of the defendant, by a contrivance with his debtor, upon' land sold by the latter to the plaintiff, situate in New Hampshire, before the deed of conveyance to the plaintiff was recorded, and charged the defendant with full notice of all the facts.
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BUI in equity [by William Briggs against Arthur French]. The bill set out a fraudulent attachment and levy of the defendant, by a contrivance with his debtor, upon' land sold by the latter to the plaintiff, situate in New Hampshire, before the deed of conveyance to the plaintiff was recorded, and charged the defendant with full notice of all the facts. The bill prayed, that the defendant may by injunction be restrained from selling or conveying the land; that the levy may be declared fraudulent; that the defendant may release his claim with warranty against all' acts done by him; and that the…
1Opinion of the Court
STORY, Circuit Justice.
I am very clear that the demurrer must be overruled. This is a case of relief sought against a meditated fraud to the injury of the plaintiff, which throws a cloud over his title, and which he has a right to have removed. It is objected, in the first place, that the suit is purely local, and can be properly brought only in New Hampshire, where the land lies. And the case of Massie v. Watts, 6 Cranch [10 U. S.] 148, 158, is relied on in support of the objection. I subscribe entirely to the doctrine there stated by Mr. Chief Justice Marshall. “Was this cause, therefore,”…
2Cases cited1 opinion
- Hamilton v. CummingsNew York Court of Chancery · 1815
3Cited by3 opinions
- Kennedy v. NorthupIllinois Supreme Court · 1853
- State ex rel. Campbell v. Superior CourtWashington Supreme Court · 1893
- Remer v. McKayU.S. Circuit Court for the Northern District of Illnois · 1892