Marks v. Hill
Supreme Court of Virginia
, This was a bill filed in the Circuit court of Petersburg in January 18S6, by Qrandison F. Marks and *others, judgment and execution creditors of Hill & Nichols, to set aside a deed of trust executed by William R. Hill and Dudley Nichols, to R. R. Collier in June 1854, to secure certain debts therein mentioned, upon the grounds that upon its face it was fraudulent in law and void as to creditors.
Read the full summary
, This was a bill filed in the Circuit court of Petersburg in January 18S6, by Qrandison F. Marks and *others, judgment and execution creditors of Hill & Nichols, to set aside a deed of trust executed by William R. Hill and Dudley Nichols, to R. R. Collier in June 1854, to secure certain debts therein mentioned, upon the grounds that upon its face it was fraudulent in law and void as to creditors. Hill & Nichols commenced business in Petersburg in 1853, their stock consisting of household ware, fancy articles, and “notions” generally; and in June 1854, finding the business unprofitable, they…
1Opinion of the Court
*DANIEB, J.
The clause in the " deed, mainly assailed by the counsel of the appellants in his argument here, is that which provides that the trustee Collier, with the consent in writing of Bragg and Thompson, shall permit Nichols, one of the grantors, to carry on the mercantile business, in which, he and his partner Hill had been engaged, with authority to replenish the stock of goods on hand. Such a provision, it was argued, was of itself sufficient to render the deed invalid, and the case of Owen & Wish v. Body and others, 31 Eng. C. L. R. 254, and several American cases, were mainly relied…
2Cases cited2 opinions
- Addington v. EtheridgeSupreme Court of Virginia · 1855
- Boyce's Adm'r v. SmithSupreme Court of Virginia · 1853
3Cited by20 opinions
- Harden v. WagnerWest Virginia Supreme Court · 1883
- Williams v. Lord & RobinsonSupreme Court of Virginia · 1881
- Gordon v. CannonSupreme Court of Virginia · 1868
- Cochran v. ParisSupreme Court of Virginia · 1854
- Landeman v. Wilson & BeardsleyWest Virginia Supreme Court · 1887
15 more not listed; retrieve them via the Exa API.