Green v. Spaulding

Citations

• 76 Va. 411
• 1882 Va. LEXIS 46

Syllabus

<p>1. Equitable Jurisdiction—Fraud.—Even where fraud is charged, there is no ground for a resort to a court of equity, where a party can have as complete, effectual, direct, certain and adequate remedy in the courts of common law.</p> <p>2. Idem.—Remedy at law.—A fi. fa. creditor ordered levy on goods in a store kept by the debtor, who claimed that he held the goods under his father’s will, as trustee for his wife and children. Sheriff demanded an indemnifying bond, which was denied by creditor, who filed his bill that the claim of debtor to be acting as trustee, &c., was a fraud ; that the store and goods were debtor’s individual property, and liable to the lien of his fi. fa.; and asked for an injunction and a receiver to prevent waste thereof by debtor.</p> <p>Held :</p> <p>The bill presents no case for equitable jurisdiction.</p> <p>3. Idem.—Circumstances under which bill alleging fraud and asking for a receiver and an injunction, will not be entertained.</p>