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" ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party 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... "
Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin - Page 120
by Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1917
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 4

Virginia. Supreme Court of Appeals, Peyton Randolph - Law reports, digests, etc - 1827
...seeking relief. Thus in the Marine Insurance Company v. Hodgson, 7 Cranch, 332, CJ Marshall says, " without attempting to draw any precise line, to which...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...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 8

Maryland. Court of Appeals, Richard Wordsworth Gill, John Johnson - Law reports, digests, etc - 1839
...Hodgson, 7 Cranch, 332. There chief justice Marshall, in delivering the opinion of the court, says : " without attempting to draw any precise line to which...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,...
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An Introduction to Equity Jurisprudence: On the Basis of Story's ...

James Philemon Holcombe - Equity - 1846 - 358 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,...
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 26

Arkansas. Supreme Court - Law reports, digests, etc - 1872
...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...
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The Doctrine of Equity: Being a Commentary on the Law as Administered by the ...

John Adams - Equity - 1852 - 760 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...
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A Compendium of the Law and Practice of Injunctions: And of ..., Volume 1

Robert Henley Eden Baron Henley - Injunctions - 1852
...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...
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A Treatise on the Law of New Trials in Cases Civil and Criminal, Volume 1

David Graham - New trials - 1855
...favor of the 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...
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Reports of Decisions in the Supreme Court of the United States: With Notes ...

United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1864
...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...
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A Full and Arranged Digest of the Decisions in Common Law, Equity ..., Volume 1

Richard Peters - Law reports, digests, etc - 1860
...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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A Treatise on the Law of Judgments: Including All Final Determinations of ...

Abraham Clark Freeman - Judgments - 1873 - 540 pages
...obtained by fraud, in an original bill filed for that purpose has long been unquestioned."4 "Any evidence which clearly proves it to be against conscience to execute a judgment of which the injured party could not have availed himself in a court of law, or of which he might have...
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