Dockray v. Mason
Supreme Judicial Court of Maine
Bill in Equity. The bill alleges, that Charles Mason, now deceased, September 19, 1854, gave to one Mitchell his promissory note for $435,24, payable in twelve months, for merchandize purchased of said Mitchell; that, before said note became due, Mitchell, for a valuable consideration, indorsed and transferred it to the plaintiff; that the plaintiff recovered judgment against Mason upon the note, and, Nov. 22, 1855, levied his execution upon certain real estate described in…
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Bill in Equity. The bill alleges, that Charles Mason, now deceased, September 19, 1854, gave to one Mitchell his promissory note for $435,24, payable in twelve months, for merchandize purchased of said Mitchell; that, before said note became due, Mitchell, for a valuable consideration, indorsed and transferred it to the plaintiff; that the plaintiff recovered judgment against Mason upon the note, and, Nov. 22, 1855, levied his execution upon certain real estate described in the bill; that said Mason, on the nineteénth day of April, 1855, had purchased the same real estate of Abigail M.…
1Opinion of the Court
The opinion of the Court was drawn up by
Tenney, C. J.
The case is presented on a demurrer to the bill; and, according to the statements therein, a gross fraud, upon'the rights of creditors existing at the time of the transactions alleged, was attempted. Whether the relief sought by the complainant can be granted or not; as the parties and the bill are now presented, is the question.
As between Charles Mason and his wife, Harriet T. Mason, the latter held the estate, conveyed by Abigail M. Tolman, to her, in trust, resulting from the payment of the consideration alleged to have been made…
2Cited by3 opinions
- Coffey v. Norwood & NorwoodSupreme Court of Alabama · 1886
- Taylor v. WebbMississippi Supreme Court · 1876
- Weightman v. Washington Critic Co.Court of Appeals for the D.C. Circuit · 1894