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" ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured partj' could not have availed himself in a court of law ; or of which he might have availed himself at law, but was prevented by fraud or accident,... "
Reports of the Supreme Court of the Territory of Wisconsin: For 1842 and 1843 - Σελίδα 110
των Wisconsin. Supreme Court, Thomas Pendleton Burnett - 1844 - 239 σελίδες
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Τόμος 4

Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 σελίδες
...relief. Thus in the Marine Insurance Company v. Hodgson, 7 Cranch, 332, CJ Marshall says, " without attempting to draw any precise line, to which Courts...at law; it may safely be said, that any fact which VOL. iv. 16 1826. clearly proves it to be against conscience, to execute a judgFebruary. ment, and...

Reports of Cases Argued and Determined in the Court of Appeals of ..., Τόμος 8

Maryland. Court of Appeals, Richard W. Gill, John Johnson, Richard Wordsworth Gill - 1839 - 570 σελίδες
...Cranch, 332. There chief justice Marshall, in delivering the opinion of the court, says : " without attempting to draw any precise line to which courts...at law, it may safely be said, that any fact which Dilly and Heckrotte vs. Barnard.— 1836. clearly proves it to be against conscience to execute a judgment,...

An Introduction to Equity Jurisprudence: On the Basis of Story's ...

James Philemon Holcombe - 1846 - 376 σελίδες
...laid down in 7 Cranch, 332, that a Court of Chancery will interpose where any fact is shown, prov. ing it to be against conscience to execute a judgment, and of which the injured party could not avail himself, in a Court of Law, or of which he could have availed himself, but was prevented by fraud,...

Reports of Cases at Law and in Equity Argued and Determined in the ..., Τόμος 26

Arkansas. Supreme Court - 1872 - 752 σελίδες
...might mature into a perfect title, sufficient to maintain the action of ejectment. It is well settled that any fact which clearly proves it to be against conscience to execute a judgment at law, and of which the injured party could not have availed himself in a court of law, or of which...

The Doctrine of Equity: Being a Commentary on the Law as Administered by the ...

John Adams - 1852 - 816 σελίδες
...Willoe, 1 Sch. & L. 201; Harrison v. Nettleship, 2 M. & K. 423; Taylor v. Shephard, 1 Y. & C. 271. 1 Any fact which clearly proves it to be against conscience to execute a judgment at law, and of which the injured party could not have availed himself in a court of law; or of which...

A Compendium of the Law and Practice of Injunctions: And of ..., Τόμος 1

Robert Henley Eden Baron Henley - 1852 - 680 σελίδες
...judgment in ejectment, before a hearing on the bill. Tvdd v. Pratt, 1 liar. & Johns, 465. Any fhct which clearly proves it to be against conscience to execute a judgment at law, and of which the injured party could not have availed himself in a court of law ; or of which...

A Treatise on the Law of New Trials in Cases Civil and Criminal, Τόμος 1

David Graham (Jr.) - 1855 - 650 σελίδες
...defendant in equity, and, as the complaints alleged, most unjustly. Marshall, Ch. J. — " Without attempting to draw any precise line to which courts of equity will advance, and which they cannot pas?, in restraining parties from availing themselves of judgments obtained at law, it may safely be...

Reports of Decisions in the Supreme Court of the United States ..., Τόμος 2

United States. Supreme Court, Benjamin Robbins Curtis - 1864 - 754 σελίδες
...the decree may affect lands without ita jurisdiction. Massie v. Watts, 845. VOL. ii. 60 4. Any tiu-t. which clearly proves it to be against conscience to execute a judgment at law, of which the complainant could not have availed himself in a court of law, or which he was...

A Full and Arranged Digest of the Decisions in Common Law, Equity ..., Τόμος 1

Richard Peters - 1860 - 836 σελίδες
...such cases do not frequently occur. The equity of the applicant must be free from doubt. Ibid. 382. Any fact which clearly proves it to' be against conscience...judgment, and of which the injured party could not avail himself in a court of law, or of which he could have availed himself at law, but was prevented...

Reports of Cases at Law and in Chancery Argued and Determined in ..., Τόμος 55

Illinois. Supreme Court - 1872 - 634 σελίδες
...considered as settled doctrine that a court of equity will take jurisdiction when the facts clearly show it to be against conscience to execute a judgment,...of which the injured party could not have availed in a court of law, or of which he might have availed at law, but was prevented by fraud or accident,...




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