 Itw; or of which he might have availed himself at law, but was prevented by fraud or accident, unmixed with any fault or negligence in himself or his agents, will justify an application to a court of chancery.  Reports of Cases Determined in the Appellate Courts of Illinois - Page 661by Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith - 1902Full view - About this book
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1878 - 738 pages
...as stated by Chief Justice MarCox v. Westcont. shall, in Marine Ins. Co. v. Hodgson, 7 Cranch 335, "Any fact which clearly proves it to be against conscience...could not have availed himself in a court of law, will justify an application to a court of chancery." Cairo and Fulton .R. /?. Co. v. Titus, 12 CE Gr.... | |
 | James Philemon Holcombe - Equity - 1846 - 376 pages
...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,... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1872 - 752 pages
...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... | |
 | United States. Supreme Court - Law reports, digests, etc - 1847 - 668 pages
...— that any fact which proves it to be against conscience to execute such judgment, and of which the party could not have availed himself in a court of law, or of which he might nave availed himself at law, but was prevented by fraud or accident, unmixed with any fault or negligence... | |
 | John Adams - Equity - 1852 - 816 pages
...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... | |
 | Robert Henley Eden Baron Henley - Forms (Law) - 1852 - 680 pages
...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... | |
 | David Graham (Jr.) - New trials - 1855 - 650 pages
...which they cannot pas?, in restraining parties from availing themselves of judgments obtained at law, it may safely be said that any fact which clearly proves it to be against conscience to execute ajudgment, and of which the injured party could not have availed himself in a court of law, or of which... | |
 | Florida. Supreme Court - Law reports, digests, etc - 1855 - 834 pages
...vs. Bennett, et. al. — Opinion of Court. which prove it to be against conscience to execute, such judgment and of which the injured party could not have availed himself in a court of law, will authorize a Court of Equity to interfere by injunction." Did this bill present no other matters... | |
 | Richard Peters - Law reports, digests, etc - 1860 - 836 pages
...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... | |
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