Pratt v. Curtis
District Court, D. Massachusetts
Two bills in equity by [Isaac Pratt, Jr.] the assignee of the firm of [Francis] Curtis & Col-lamore, asking that certain conveyances made by Mr. Curtis about fifteen months before his bankruptcy should be set aside, and for other relief.
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Two bills in equity by [Isaac Pratt, Jr.] the assignee of the firm of [Francis] Curtis & Col-lamore, asking that certain conveyances made by Mr. Curtis about fifteen months before his bankruptcy should be set aside, and for other relief. The first suit related to certain lands In Charlestown, settled in trust for the children of the settlor, and alleged that the deed was voluntary; that Curtis, at the time of the settlement, was indebted to the plaintiff and others, who were still his creditors, and was embarrassed in his circumstances, and that the deed was made with intent to delay and…
1Opinion of the Court
LOWELL, District Judge.
1. In the courts-of this state an assignee in insolvency must proceed at law for lands conveyed in fraud of creditors, unless the rights of more than two parties are involved, or some peculiarly equitable relief is required. But the equitable jurisdiction of the courts of the United States does not depend altogether upon the remedies given by the state courts. It is substantially the same throughout the country, and very nearly the same now that it was in 17S9; and nothing is better settled than that this jurisdiction exists in those cases in which the chancery courts…
2Cases cited2 opinions
- Winchester v. CharterMassachusetts Supreme Judicial Court · 1867
- Winchester v. CharterMassachusetts Supreme Judicial Court · 1869
3Cited by4 opinions
- In re MullenDistrict Court, D. Massachusetts · 1900
- McKeown v. AllenSupreme Court of Florida · 1896
- Warren v. MoodySupreme Court of the United States · 1887
- Blythe v. ThomasDistrict Court, D. South Carolina · 1891