McDaniel v. Parish
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the complainants from a decree of the Supreme Court of the District of Columbia, holding an equity term, dismissing a judgment creditor’s bill.
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Hearing on an appeal by the complainants from a decree of the Supreme Court of the District of Columbia, holding an equity term, dismissing a judgment creditor’s bill. The Couet in its opinion stated the case as follows: The appellants, John H. McDaniel and Leigh Chalmer’s, in this case are judgment creditors of Joseph W. Parish, one of the appellees, and as such judgment creditors they filed a bill against the judgment debtor and a certain Jonas H. McGowan, charging that a. certain dwelling house and premises in the city of Washington had been purchased with money belonging to Parish, the…
1Opinion of the CourtChief Justice Alvey
The gravamen of the case is the alleged fraud and collusion of the defendants, in respect to the purchase and conveyance of the property in question. To overcome the effect of the deeds — the one from Gist to McGowan and the other from McGowan to Emily E. Parish — the onus of proof is, of course, upon the plaintiffs. Fraud is not to be presumed, nor can it be established except upon clear proof. It may, however, be established as well by circumstantial as by direct evidence. But if the form and design of the transaction assailed may be traced to an honest and legitimate source equally as to a…
2Cases cited7 opinions
- Shirras & Others v. Caig & MitchelSupreme Court of the United States · 1812
- Atwood v. HolcombSupreme Court of Connecticut · 1872
- Wilson v. McMillanSupreme Court of Georgia · 1878
- Gottlieb v. ThatcherSupreme Court of the United States · 1894
- Wambold v. VickWisconsin Supreme Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Public Motor Service, Inc. v. Standard Oil Co. of New JerseyCourt of Appeals for the D.C. Circuit · 1938
- J. R. Beaton Co. v. BerberichCourt of Appeals for the D.C. Circuit · 1943
- Goodson & Koski v. SmithWyoming Supreme Court · 1952