Heath v. Capital Savings Bank & Trust Co.
Supreme Court of Vermont
Appeal in Chancery. Heard on demurrer to the bill at the March Term, 1905, Washington County, Munson, Chancellor. Decree, strictly pro forma, sustaining the demurrer and dismissing the bill. The orator appeals. The material allegations are stated in the bill. Courts of equity always have jurisdiction in cases of fraud, except in cases of obtaining a will by fraud. Story Eq.
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Appeal in Chancery. Heard on demurrer to the bill at the March Term, 1905, Washington County, Munson, Chancellor. Decree, strictly pro forma, sustaining the demurrer and dismissing the bill. The orator appeals. The material allegations are stated in the bill. Courts of equity always have jurisdiction in cases of fraud, except in cases of obtaining a will by fraud. Story Eq. Jur. §184; Chesterfield v. Jams'en, 2 Ves. 155. The adequacy of a legal remedy is not presumed, and equity will take jurisdiction where it is doubtful, or where the court is not satisfied that the plaintiff could be…
1Opinion of the CourtHaselton, J.
This is a bill in equity brought against the Capital Savings Bank and Trust Company, Julia Kane, and Barton B. Gale, trustee in bankruptcy of the estate of said Julia Kane. The defendant bank demurred to the bill for want of equity. The demurrer was sustained strictly pro forma •and the bill dismissed. The orator appealed.
The bill alleges such mental incapacity on the part of Mrs. Heath as made and makes her incapable of contracting or of -caring for her property. It further alleges that the defendant bank is the holder of a note for $1,300, signed by her and the defendant, Julia Kane, and of…
2Cases cited6 opinions
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Harding v. WheatonSupreme Court of the United States · 1826
- Central Bank v. CopelandCourt of Appeals of Maryland · 1862
- Viele v. HoagSupreme Court of Vermont · 1851
- Town of Glastenbury v. Administrator of the Estate of McDonaldSupreme Court of Vermont · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
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- In Re: Estate of Donne'ly v. AshbySupreme Court of Florida · 1938
- Peacock v. DuboisSupreme Court of Florida · 1925
- American Steel & Iron Co. v. TaftSupreme Court of Vermont · 1938
- Jones v. Stearns, Admr.Supreme Court of Vermont · 1923
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