Marvel v. Cobb
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court for the county of Bristol on October 20,1906, and amended on July 6 and December 26,1907, praying that the defendant “ be ejected from and execute a full and complete surrender” of property described in the opinion, for an accounting, for damages and for an attachment. The bill as amended occupied twenty pages of the printed record.* The defendant demurred.
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Bill in equity, filed in the Superior Court for the county of Bristol on October 20,1906, and amended on July 6 and December 26,1907, praying that the defendant “ be ejected from and execute a full and complete surrender” of property described in the opinion, for an accounting, for damages and for an attachment. The bill as amended occupied twenty pages of the printed record.* The defendant demurred. The demurrer was heard by Schofield, J., who filed the following memorandum: “ This case comes up on demurrer filed February 6,1908, to the plaintiffs bill as finally amended. The causes of…
1Opinion of the CourtLoring, J.
The bill in this suit is multifarious and argumentative. In addition, while it charges the defendant with fraud, cheating and forgery, it is almost entirely lacking in stating facts justifying those charges.
So far as a statement of what is thus charged can be made it is in substance as follows:
The plaintiff is the son but not the only heir of his father, Dexter Marvel, a citizen of Massachusetts, who died intestate at Lynn, in Essex County, on October 28,1890.
*295In April, 1890, and before, Dexter Marvel was the owner of two large tracts of land in the town of Bourne, Barnstable County, laid out…
2Cases cited6 opinions
- Naddo v. BardonCourt of Appeals for the Eighth Circuit · 1892
- First Baptist Church of Sharon v. HarperMassachusetts Supreme Judicial Court · 1906
- Learned v. FosterMassachusetts Supreme Judicial Court · 1875
- Fennyery v. RansomMassachusetts Supreme Judicial Court · 1898
- Tetrault v. FournierMassachusetts Supreme Judicial Court · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Humboldt Sav. Bank v. McClevertyCalifornia Supreme Court · 1911
- Coram v. DavisMassachusetts Supreme Judicial Court · 1911
- Jackson v. Farmers State BankIndiana Court of Appeals · 1985
- Bancroft Trust Co. v. CananeMassachusetts Supreme Judicial Court · 1930
- Marvel v. CobbMassachusetts Supreme Judicial Court · 1910
5 more not listed; retrieve them via the Exa API.