Equity Pleading and Practice, Bill, Decree. Since St. 1883, c. 223, § 10, every bill in equity is assumed to have a prayer for general relief whether one is actually inserted or not.
The decree entered in the Superior Court in this case is in accordance with the opinion reported in 178 Mass. 539.
A defendant in a suit in equity, who had been ordered by the court to transfer to the plaintiff certain property acquired by the defendant through a transaction fraudulent against creditors both at common law and under the bankruptcy act, asked to have inserted in the decree a provision that certain sums advanced by him to pay creditors of the fraudulent debtor and a certain payment to the debtor's wife should be repaid. Held, that the transaction in question being void in part was wholly void, and the defendant might be ordered to reconvey without first being reimbursed.
HAMMOND, J.
It is no longer necessary under our practice that the bill should contain a prayer for general relief. The bill is to be interpreted as though it contained such a prayer, whether it be actually inserted therein or not. St. 1883, c. 223, § 10.
The decree from which this appeal was taken is in accordance with the previous opinion of this court and the rescript then sent down. The transaction of July 14, 1898, is declared void and set aside by the first two clauses, and by the third clause all valid liens existing prior to the transfer are preserved. Whether there were any such liens is not adjudicated. The defendant French now contends, that the decree should contain a provision that the sums advanced by him to pay creditors and the value of the equity in certain real estate conveyed by him to Mrs. Wentworth should be paid to him, and that the sum paid to her by the check of the Atlantic Company should be paid back to the company, and that the decree should so provide. But the transaction, being void in part, is wholly void, Denny v. Dana, 2 Cush. 160, and this cannot be done.
Decree affirmed.