HUSBAND AND WIFE, - continued.

statutory grounds of divorce do not exclude frand as a ground, 550.
marriage brought about by fraud, 549–551.

deception of a mature woman, 551.

examples of fraud in this connection, 551-553.

rule in Delaware as to fraud, 550, n. 3.

effect of cohabitation upon right to divorce for fraud, 553.

third persons cannot object in these cases, 553, 554.

notice to husband not notice to wife, 229, 230, n. 1.

converse also true, 229, 230.

wife's participation in husband's fraud, 221-223.
(See CONFIDENTIAL RELATIONS.)

I.

ILLEGAL MARRIAGES OR RELATIONS,
contracting marriage through fraud, 549-554.

(See FIDUCIARY, CONFIDENTIAL, And Kindred RelATIONS; HUSBAND
AND WIFE.)

undue influence under, 367, 368.

ILLITERATE, WEAK-MINDED, AND DRUNKEN PERSONS,

false reading of instrument to illiterate person, 55.

to a blind man, 55.

burden of proof, 376, 378.

independent advice, 373.

when transactions with aged persons invalid, 373, 374.

evidence of undervalue, 374, 375.

what will overturn presumption of fraud, 376.

what the opposite party may show, 376, 377.

weak-minded persons may sell or give away their property, 377-379.

but presumption against grantee, 377, 378.

when grantee allowed for improvements, 379.

confession of judgment by weak-minded person, 379.

general rule stated, 379.

examples of imbecility, 379, 380.

what circumstances attending it sufficient to invalidate a transaction,
381.

contracts with drunken persons, 382.
gifts by drunken persons, 382.

IMPLIED REPRESENTATIONS, 469-473.
IMPROVEMENTS,

in case of land sold by verbal contracts, 446.
INADEQUACY OF CONSIDERATION,

in purchases by attorney at judicial sale, 282, 283.

INADEQUACY OF CONSIDERATION, — continued.

in transactions between parties to fiduciary relations, 299.

(See FIDUCIARY, CONFIDENTIAL, and Kindred RELATIONS.)
mere inadequacy not fraud, 376, 377.

long leases of charity lands, 331.

transactions with weak-minded persons, 375, 376.

in cases of specific performance, 449, 450.

INCONSISTENT REMEDIES, 65, 66.

INCUMBRANCES,

misrepresentations as to the existence of, 416, 527, 543.

INFANTS,

infants not protected in committing pure tort, 216–218.

but not liable if the action suppose a contract as the foundation of
the claim, 217.

since infant's deceit in sales or contracts is not actionable, 217, 218.
contrary held in several cases, 217.

whether doctrine of estoppel in pais for fraud applies to infants, 218,

219.

cestuis que trust, 333, 334, 338, 339.

rescission of contracts of, 421.

suit by next friend claiming equitable interest in the property, 310.
INJUNCTIONS,

to restrain enforcement of judgment, 64, 65.

remedy for fraud committed in course of trial, 84, 85.

supplementary relief granted only when complainant not negligent,
85.

cases where complainant may have double right and election, 71, 86.
INJUNCTIONS, VACATING JUDGMENTS, AND NEW TRI-
ALS, 84-107.

(See INJUNCTIONS; JUDGMENTS; NEW TRIALS; Vacating JUDGMENTS
AND AWARDS.)

INSURANCE,

agent of insurance company assisting applicant, 234, 235.
rescission and return of premium, 80-82, 426.

of neutral property, 208, 209.

doctrine of concealment in marine, 237, 595-597.
(See CONCEALMENT.)

non-disclosure, 595–597.

misrepresentation of risk, 622, 623.

INTEMPERATE HABITS,

evidence of, on issue of insolvency, 157.

INTENTION,

change of, after obtaining credit, 6.

allegation of, 117.

intent of purchaser, 134, note.

rule in Massachusetts, 134, note, 153, note.

intent not to pay, 158, 484-487.

taking advantage of one's own unintentional wrong, 201.

in the form of malice, 558, 559.

INTEREST,

as damages, 631.
INTERROGATORIES,

particulars in, 119.

INVENTIONS,

representations in regard to, 479, 480.

J.

JOINDER OF PARTIES, 108-113.

of plaintiffs at law, 108.

of defendants at law, 109.

in equity, 110.

illustrations, 110, 111.

rule in cases of fraud on creditors by insolvent debtor, 112.
when rule as to joinder, in equity, may be modified, 113.

JOINT CONTRACTORS,

joinder of, 109.

cannot sever, 52, 205.

JOINT FRAUD, 109, 110, 205, 247, note.

JOINT PURCHASERS,

relation of confidence between, 315.

JOINT STOCK,

companies, 241, note, 244, note.

JOINT TENANTS,

joinder of, 109.

JUDGMENTS AND AWARDS,

cross-action impeaching judgment, 71, 86.

cross-suit for conspiracy, 71, 87.

cross-action after, for fraud, 71.

recovery of judgment on a contract no bar to an action for the fraud
by which contract was obtained, when, 71.

recovery back of money obtained under a fraudulent judgment, 72.
property attached by fraud and sold under judgment of court, 72.
may be set aside for fraud, 86-100.

meaning of this rule, 86.

fraud in obtaining jurisdiction, 88, 89.
foreign judgments, procedure as to, 89.

fraudulent detention of witnesses, 89.

collusive litigation, 89.

deceit practised upon the court, 89, 90.

obtaining judgment in violation of agreement, 90.

false testimony, 86, 94, 98.

trustee or guardian consenting to collusive judgment, 90.

fraud on third persons, 90, 91.

strangers not bound by judgments, 91.

qualification of rule, 91, 92.

creditors may attack judgment, when, 92 and n. 1.

concealment of facts, when ground for relief from judgments, 92.

mere suspicion of fraud, 92.

opening decree of probate court, 93.

what constitutes a judgment, 93, note.

distinction between frauds which render judgments void and frauds
rendering them voidable, 93.

fraud not involving an impeachment of a judgment may be shown,
96, 98.

the preferable proceeding in such cases, 98.

foreign judgments in rem or in personam may be impeached for fraud,
94.

meaning of this rule, 94, 95.

judgments of sister states, 95.

law as to, not fully settled, 95.

rule at law, 96.

limitations as to, suggested, 96.

fraud in awards, 96-100.

award in pais cannot be set aside at law, 96.

it may be in equity, 96.

awards under rule of court stand on footing of judgments, 97.

practice as to, 97.

fraud cannot be alleged in action on arbitration bond or on award,
when, 97.

award in pais a contract merely, 97.

fraud whereby the claim arbitrated was obtained, 97, 98.
cross-action therefor, 98.

award assailable for corruption or misconduct of arbitrators, when,
98, 99.

what constitutes evidence of corruption, 99.

strong evidence required to impeach award, 99.

when equity will restrain collection of amount of award, 99, 100.
arbitrators may open judgments submited to them, when, 100.
(See VACATING Judgments and AWARDS.)

JUDICIAL SALES,

(See PUBLIC SALES.)

purchases by attorneys at, 281, 282.

purchase at, by administrators, 342-344.

JURISDICTION, 41–62.

fraud in obtaining jurisdiction, 87–89.

may be collaterally shown, 88.

outlines of, as to fraud in the various courts, 41-62.

tendency to unite power of courts of equity with that of courts of law,

41.

of ecclesiastical courts, 42, 43.

of courts of probate and matrimonial causes, 42–44.

whether bill in equity maintainable for damages on account of deceit,
41-47.

when equity can grant relief as to wills, 43, 44.

general result of authorities as to jurisdiction over fraud, 44–47.

deceit in sale of patent maintainable in state court, 44.

one who acquires an estate by fraud liable in equity as trustee, 46, 48,
49.

what redress given, 47.

where judgment collusively assigned in fraud of rights of some of the
defendants, 49, 50.

fraud in ejectment, 47.

undue influence in obtaining deed, 48, 50.

trustee's deed tainted with fraud, 50.
conveyances in fraud of marital rights, 50.
fraud upon a partner in settlement, 50, 51.
all must be entitled to judgment at law, 51, 52.
not so in equity, 52.

when assumpsit maintainable in such cases, 50.
conspiracy to defraud one of land, 48.

setting aside deed and compelling account, 52.

proceedings for partition, 52.

judgment at law as to fraud conclusive in equity, when, 58.