Hutchison v. Kelly
Supreme Court of Virginia
By deed bearing date the 8th of March 1820, between Samuel Hutchison of the county of Nicholas of the one part, and his children Eusebius 'Robinson Hutchison, David Campbell Hutchison, Lemira Henderson Hutchison and Junius Robert Hutchison of the other part, the said Samuel, in consideration of the natural love and affection which be bore unto his said children, conveyed to them the. tract of land on which he then lived, five hundred acres whereof were held by him under a…
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By deed bearing date the 8th of March 1820, between Samuel Hutchison of the county of Nicholas of the one part, and his children Eusebius 'Robinson Hutchison, David Campbell Hutchison, Lemira Henderson Hutchison and Junius Robert Hutchison of the other part, the said Samuel, in consideration of the natural love and affection which be bore unto his said children, conveyed to them the. tract of land on which he then lived, five hundred acres whereof were held by him under a deed, and one hundred acres under a patent; also an entry of two hundred acres adjoining, and “ two head of horse beasts,…
1Opinion of the CourtBaldwin, J.
The principles of the common law denounced all frauds perpetrated .against the subsisting rights of others, and gave relief to the party injured. In regard to frauds upon creditors, the mode of redress was to tre,at the fraudulent act as a nullity, and permit the creditor to prosecute his legal remedies for the recovery of his demand, in like manner as if the fraudulent act had never been done. The statute of 13 Eliz. ch. 5. (substantially adopted into our code) was passed in aid of the common law, and sprang from the great and growing mischiefs occasioned by the covin and ingenious devices…
2Cases cited3 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Bennett v. President of the Bedford BankMassachusetts Supreme Judicial Court · 1814
3Cited by5 opinions
- Dosche, Administrator v. NetteTexas Supreme Court · 1891
- Consolidated Tramway Co. v. Germania BankCourt of Appeals of Virginia · 1917
- Richardson v. PierceSupreme Court of Virginia · 1906
- Searcy v. Gwaltney Bros.Court of Appeals of Texas · 1904
- Morrisette v. Cook & Bernheimer Co.Supreme Court of Virginia · 1918