Wyman v. Fox
Supreme Judicial Court of Maine
Bill in Equity, heard on demurrer. The bill substantially alleges that, on the 13th of May, 1856, long before apd ever since, the complainant was a creditor of one Amos Wyman, deceased, and whose estate was rendered insolvent; that, at the March term of this Court, in and for this county, he recovered judgment and execution against the estate of the deceased for $772,83, debt, and $94,32, costs; that, on May 25, 1865, he caused the execution to be duly satisfied by a levy on…
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Bill in Equity, heard on demurrer. The bill substantially alleges that, on the 13th of May, 1856, long before apd ever since, the complainant was a creditor of one Amos Wyman, deceased, and whose estate was rendered insolvent; that, at the March term of this Court, in and for this county, he recovered judgment and execution against the estate of the deceased for $772,83, debt, and $94,32, costs; that, on May 25, 1865, he caused the execution to be duly satisfied by a levy on two pieces of land [described] in Hallo well, which were duly set off to complainant and possession thereof duly given…
1Opinion of the CourtKent, J.
The material 'facts, as we gather them from the bill, although stated somewhat indefinitely, are these,— that the complainant recovered judgment against the estate of Amos Wyman, after his death, and after a representation of insolvency, and after the appearance of the administrator in the suit; that afterwards, the execution was levied on the real estate, which, as alleged, had been conveyed by *525said Amos in fraud of his creditors, the complainant at tho time being one ; that the subsequent grantee had knowledge and joined in the fraudulent intent.
This bill is brought to set aside that…
2Cases cited2 opinions
- Clark v. MayMassachusetts Supreme Judicial Court · 1814
- Ramsdell v. CreaseyMassachusetts Supreme Judicial Court · 1813
3Cited by1 opinion
- Gapen v. GapenWest Virginia Supreme Court · 1895