Hoffman v. Overbey

Citations

• 137 U.S. 465
• 11 S. Ct. 157
• 34 L. Ed. 754
• 1890 U.S. LEXIS 2109

Syllabus

<p>A. suit in. equity to set aside a written compromise between a creditor and a debtor, whereby the former, in consideration of the surrender by the latter of certain real property of much less value than his debt, and of his representation that he was unable to pay such debt in full, discharged the debtor absolutely. The ground of relief was the false and fraudulent representations of the debtor as to his financial' condition, and th,e admissions of the debtor to the creditor, made more than twelve years after the compromise. These admissions constituted the principal . evidence of the fraud charged. • Held, that the relief asked could no.t be granted, because such admissions were made after the debtor’s intellect had become so far impaired, that his statements ought not to be the basis of a decree affecting his rights of property, and-because it did not satisfactorily appear from other evidence that he had made false or fraudulent representations to the creditor.</p>