Summary

Smith v. McIver — Opinion of the Court

Admitting, then, the concurrent jurisdiction of the Courts of equity and law, in matters of fraud, we think the cause must be decided by the tribunal which first obtains possession of it, and that each Court must respect the judgment or decree of the other. A question decided at law, cannot be reviewed in a Court of equity, without the suggestion of some equitable circumstance, of which the party could not avail himself at law.
Source: Wikisource

Smith v. McIver — Opinion of the Court

No defect of testimony is alleged; no discovery is required; no appeal is made to the conscience of the defendant. Facts are alleged, which have precisely the same operation in a Court of law as in a Court of equity; and the bill does not even insinuate that they cannot be proved at law.
The argument on the other side is, that the bill charges gross fraud on those under whom the defendant claims, and charges him with knowledge of that fraud; and that Courts of equity have concurrent jurisdiction with Courts of law, in all matters of fraud.
Source: Wikisource

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