Gamage v. Harris
Supreme Judicial Court of Maine
On report. Bill in equity, heard on bill, answer and demurrer, and proof.'. The facts are sufficiently stated in the opinion. That the plaintiff has a remedy at law cannot be presumed in a case of fraud, especially when a discovery is prayed for.
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On report. Bill in equity, heard on bill, answer and demurrer, and proof.'. The facts are sufficiently stated in the opinion. That the plaintiff has a remedy at law cannot be presumed in a case of fraud, especially when a discovery is prayed for. Dwinal v. Smith, 25 Maine, 382; Taylor v. Taylor, 74 Maine, 589. In Taylor v. Taylor, it is pointed out that the decisions in Massachusetts, are somewhat different on account of the restrictive clause in their statute giving equity jurisdiction. But contra, the United States courts maintain the doctrine of the .English courts, notwithstanding a like…
1Opinion of the CourtHaskell, J.
Bill to remove a cloud from the title of the orator to two several parcels of land.
The orator claims to have acquired the right to redeem both parcels from a mortgage by virtue of a sale of the equity to him on execution.
Three of the respondents, sisters, claim title to one parcel by virtue of a levy upon it on execution in their favor, and to the other parcel by virtue of a sale to them, on execution, of the right to redeem the same from mortgage; both the levy and the sale were made to perfect a lien upon the land, created by an attachment made earlier than the attachment in the orator’s…
2Cases cited1 opinion
- Russell v. BarstowMassachusetts Supreme Judicial Court · 1887
3Cited by11 opinions
- Becker v. Superior Court of Santa Clara Cty.California Supreme Court · 1907
- Union Planters' Bank & Trust Co. v. Memphis Hotel Co.Tennessee Supreme Court · 1911
- Miller v. CarlisleCalifornia Supreme Court · 1899
- Neuberger v. FelisSupreme Court of Alabama · 1919
- Clipfel v. KantrowitzSupreme Court of Connecticut · 1956
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