62 Vt. 367 | Vt. | 1890
The opinion of the court was delivered by
The orator is the assignee in insolvency of the -•defendant Anson J. Sawyer. The defendants are husband and wife. The assignee represents the creditors of the insolvent, =and the bill is in the nature of a creditor’s bill. The demurrer admits the facts set forth in the bill, which are well pleaded. The contention is whether the facts thus admitted are sufficient do enable the orator to maintain this suit in equity. In 3 Pom. Eq. Juris, s. 1115, it is said: “The jurisdiction of equity to .entertain suits in aid of creditors undoubtedly had its origin in -the narrowness of the common law remedies by writs of execution. These writs, issued by ' courts of common law, besides being otherwise limited in operation, were of course confined to -.those estates and interests equitable in their nature. Creditors’ .suits were therefore permitted to be brought in those instances where relief by execution at common law was ineffectual, as for -a discovery of assets, to reach equitable and other interests not •-subject to levy and sale at law, and to set aside fraudulent con■veyances an'd obstructions. * * * * It is a necessary result from the whole theory of creditors’ suits that jurisdiction in •equity will not be entertained where there is a remedy at law.” We recognize this to be a general statement of the law in regard. d;o the right to entertain such bills.
The decree is affirmed and cause remanded.