Clay v. Williams

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File:MunfordReports1814V2ClayvWilliams.pdf

Clay v. Williams, Munford Vol. II 105 (1811), [1]was a case where the court determined whether an executrix, who fraudulently protected the estate of her testator from creditors, could recover in a court of equity.

Background

Matthew Clay sued Sarah Williams praying the Court compel discovery of Mrs. Williams’ assets to pay a judgment Mrs. Williams confessed to in a separate suit. In addition, Mr. Clay requested that the estate of Mr. Williams be settled as to who is entitled to what. Mrs. Williams counter-sued the plaintiff for attempting to relieve a judgment obtained by fraud to obtain a claim against the estate of her late husband.

The Court's Decision

Chancellor Wythe dismissed the case and rewarded an injunction to Sarah Williams to restrain Clay from enforcing his previous judgment. The Court of Appeals reversed and remanded the case to the Court of Appeals for further proceedings.

See also

References

  1. William Munford, Reports of Cases Argued and Determined in the Supreme Court of Appeals of Virginia, (New York: I. Riley, 1814), 105.