Johnson v. Hendley

Decided November 9, 1816

Supreme Court of Virginia · decided 1816-11-09

<p>1. A Bill fox’ relief against a writing purporting an acknowledgment of a gift of property by the complainant to the de* fendant, on the ground of its having been obtained by frauds presents a proper case for equitable jurisdiction, though a suit at law* founded upon such writing, might be defeated without coming into equity.</p> <p>% The second point in Bui* lock v. Irvintfo Administrators 9 4 Munf. A5% and íq Marshall v. Thompson 2 Munf,: 412, again decided*</p>

Cited by 2 later decisions — most recently November 1909

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1816-11-09

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¶1 *220In this Court, the following opinion and decree were pronounced, November 9th, 1816 :

“ The Court, not concurring in opinion with the Court of “ Chancery that this case is proper for the jurisdiction of a “ Court of Law in exclusion of that of a Court of Equity, re- “ verses the Decree, which on that ground dismisses the Bill; “ but, there being a great mass of testimony, exhibited in the “ case, the weight of which the Court is incompetent to decide “ on, without the intervention of a Jury, this Court, proceed- “ ing to give that Decree, which ought to have been rendered “ by the Court of Chancery, directs an issue to try whether “ the fraud, alleged, in the Bill to have been practised, and “ which is made the ground thereof, was perpetrated by the. “ Appellee, or not.”