 | Iowa. Supreme Court, George Greene (Reporter) - Law reports, digests, etc - 1857 - 646 pages
...Interminable litigation should not be thus encouraged, either at law or in equity. That a fraud can only be avoided by him who had a prior interest in the estate, and not by him who, subsequent to the fraud, purchased the estate, was recognized in French v. Shotwell,... | |
 | Thomas Foster Withrow, Edward Holcomb Stiles - Law reports, digests, etc - 1875 - 724 pages
...partition is effectual and conclusivo upon all persons whatsoever, and any fraud in such partition can only be avoided by him who had a prior interest in the estate, and not by him who, subsequent to such fraud, purchased such interest. Brace v. Reid. 3 G. Gr. 422.... | |
 | United States. Supreme Court - Law reports, digests, etc - 1881 - 836 pages
...transaction as between the original parties. Quisque potegt renunciare jure pro ge introducto. . . . It is stated to have been a principle of the common...Basset, Cro. Eliz. 445, and recognized in 3 Co. 83 a." This decision of Chancellor Kent was afterwards nearly unanimously affirmed by the Court of Errors.... | |
 | Law - 1881 - 556 pages
...transaction as between the original parties. Quisque potest renunciare juri fro se introducto. * * It is stated to have been a principle of the common...subsequently to the fraud acquired an interest in the estate. Cro. Eliz. 445; 3 Co. 83o." This decision of Chancellor Kent waa afterward nearly unanimously affirmed... | |
 | Law - 1881 - 1014 pages
...than subsequent purchasers, and no better right to question a previous transaction, r raud can onlv be avoided by him who had a prior interest in the estate affected by the fraud. — Sale by solcent corporation— Subsequent creditors. — A sale by a solvent CRIMINAL LAW — Continued.... | |
 | Law - 1881 - 982 pages
...subsequent purchasers. and no better right to question a previous transaction. Fraud can onlv be avoided hy him who had a prior interest in the estate affected by the fraud. — Sale by solrent corporation — Subsequent creditors. — A sale by n solvent CRIMINAL LAW —... | |
 | United States. Supreme Court - Law reports, digests, etc - 1885 - 1302 pages
...stated to have been a principle of the common l»w, that a fraud could only be avoided by him "v ho T s E \ӫ Z 5 x: Vl Li 0Xŋ f Upton v. J3as»et] Cro. Eliz. , 445; Ihyne's Car, 8 Coke, 83, a." This decision of Ohaneettor Kent... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1884 - 680 pages
...practiced upon their principal, the vendor, when he himself chooses to acquiesce in the alleged injury, or has expressly waived all complaint. It is stated...interest in the estate affected by the fraud, and Hogg t'. Link. not by him who, subsequently to the fraud, acquired au interest in the estate. (Upton... | |
 | Law reports, digests, etc - 1911 - 1320 pages
...to Upton v. Bassett, Cro. Eliz. 445, also cited by this defendant, where the judges state that It Is 'a principle of the common law that a fraud could...avoided by him who had a prior interest in the estate to be affected by the fraud, and not by him who subsequently to the fraud acquired an Interest in the... | |
 | Law reports, digests, etc - 1903 - 1392 pages
...wherein It was said by Chancellor Kent: "It Is stated to have been a principle of the common law that the fraud could only be avoided by him who had a prior Interest in the estate effected by the fraud, and not by him who, subsequent to the fraud, acquired an Interest in the estate."... | |
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It is stated to have been a principle of the common law that a fraud could only be avoided by him who had a prior interest in the estate affected by the fraud, and not by him who subsequently to the fraud acquired an interest in the estate. 
