Garland v. Rives
Court of Appeals of Virginia
This was an appeal from the Chancery Court of Staunton; where Rives filed his bill against Garland, Wing-field, Coleman and Lewis Nicholas, to set aside certain cbnveyances, on the ground of fraud. The whole history of these transactions is fully and minutely detailed in the first part of Judge Green’s opinion, which follows. It will, therefore, only be necessary to give a statement of the points made in argument, and the authorities cited in support of them.
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This was an appeal from the Chancery Court of Staunton; where Rives filed his bill against Garland, Wing-field, Coleman and Lewis Nicholas, to set aside certain cbnveyances, on the ground of fraud. The whole history of these transactions is fully and minutely detailed in the first part of Judge Green’s opinion, which follows. It will, therefore, only be necessary to give a statement of the points made in argument, and the authorities cited in support of them. It was contended on the part of the appellant: 1. That Garland’s debt was valid, and being assigned to Wingfield and Coleman, they…
1Opinion of the Court
Judge Green
delivered his opinion.
The original bill in this case was filed by the appellee, a creditor of Lewis Nicholas, for the purpose of setting aside a conveyance of land, made by the debtor to John H. Coleman; another made to Charles Wingfield, and the said Coleman; and also, a transfer of personal property, made by Nicholas to Wingfield and Coleman; and a conveyance of land, made by the latter to Edward Garland; as being fraudulent and void as to him. A chronological review of the transactions brought in question, will best explain their nature.
On the 12th of November, 1818, Wilson Cary…
2Cases cited1 opinion
- Boyd v. DunlapNew York Court of Chancery · 1815
3Cited by30 opinions
- Fenno v. SayreSupreme Court of Alabama · 1842
- Goshorn's Ex'r v. SnodgrassWest Virginia Supreme Court · 1881
- Livesay's Ex'r v. BeardWest Virginia Supreme Court · 1883
- Hickman's Ex'or v. TroutSupreme Court of Virginia · 1887
- First Nat. Bank of Ceredo v. Huntington Distilling Co.West Virginia Supreme Court · 1895
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