318 Mass. 646 | Mass. | 1945
This is a bill in equity brought on January 22, 1945, in the Superior Court by which the plaintiff seeks to recover a so called debt alleged to be due to her from her husband, hereinafter referred to as the defendant, and to reach and apply in satisfaction thereof certain real and personal property alleged to have been conveyed or transferred by the defendant to other named defendants in fraud of the plaintiff as a creditor of the defendant or to be held by certain of them as agents or trustees for the defendant.
At the outset it is proper to note that the bill is one based solely on an alleged debt and allegations of conveyance and transfer by the defendant already set forth above. With respect to the real estate sought to be reached and applied, there is no allegation of any conveyance by the defendant in fraud of the plaintiff’s marital rights. Compare Gedart v. Ejdrygiewicz, 305 Mass. 224, and cases cited. While the bill contains a specific prayer for determination of the title to the property sought to be reached and applied, there are no sufficient allegations in the bill of ownership by the plaintiff of any of the property therein described to support the granting of such relief, Bleck v. East Boston Co. 302 Mass. 127, and the sole contention of the plaintiff before us is that the Superior Court had jurisdiction of the bill as a “suit by a creditor to reach and apply property of his debtor and to set aside a fraudulent conveyance.”
The bill was dismissed rightly for lack of jurisdiction. The enforcement of the order for temporary alimony entered in the Probate Court rested solely in the jurisdiction of that court, just as it would have rested solely in that of the Superior Court had the order been entered in a divorce proceeding between the parties in that court. See Allen v. Allen, 100 Mass. 373, 376. While there is concurrent juris
Interlocutory decree affirmed.
Final decree affirmed with costs.
The present case is not to be confused with Lyon v. Sharpe, 317 Mass. 283, in which the plaintiff here involved was a defendant, but in which the plaintiff was not her husband.