Fink, Brother & Co. v. Denny
Supreme Court of Virginia
On the 14th of June, 1875, Joseph S. Denny and Sarah A., his wife, conveyed to Charles W. Denny all the interest of the said J. S. Denny in a certain tract of land lying in Clarke county, said interest being about 163 acres, in consideration that the said C. W. Denny would pay a debt due by the said J. S. Denny to Lucy Hardy, amounting to about $1,000, and for the further consideration of $2,000 paid in money by the said C. W. Denny to J. S. Denny.
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On the 14th of June, 1875, Joseph S. Denny and Sarah A., his wife, conveyed to Charles W. Denny all the interest of the said J. S. Denny in a certain tract of land lying in Clarke county, said interest being about 163 acres, in consideration that the said C. W. Denny would pay a debt due by the said J. S. Denny to Lucy Hardy, amounting to about $1,000, and for the further consideration of $2,000 paid in money by the said C. W. Denny to J. S. Denny. On the 26th of June, 1877, the said J. S. Denny and wife executed a deed, which, after reciting .that J. S. Denny wished to secure to his said…
1Opinion of the CourtBurks, J.
A doubt intimated by some of the judges on first looking into the record, whether this court has jurisdiction of the present appeal, caused us to examine the question, and the examination has satisfied us that we have jurisdiction.
Though the bill was filed to set aside several deeds on the ground of alleged fraud, and subject the lands thereby conveyed to the debt of the complainants, the suit is not-in the category of “ controversies concerning the title or boundaries of land ” within the meaning of the Constitution of the State (Art. 6, § 2).
In Umbarger and Wife v. Watts and others, 25…
2Cases cited4 opinions
- William & Mary College v. PowellSupreme Court of Virginia · 1855
- Umbarger v. WattsSupreme Court of Virginia · 1874
- Price v. ThrashSupreme Court of Virginia · 1878
- Hansbrough v. StinnettSupreme Court of Virginia · 1872
3Cited by38 opinions
- Steinman v. Clinchfield Coal Corp.Court of Appeals of Virginia · 1917
- Hicks v. Roanoke Brick Co.Supreme Court of Virginia · 1897
- Beecher v. Wilson, Burns & Co.Supreme Court of Virginia · 1888
- Keagy v. TroutSupreme Court of Virginia · 1888
- Cochran v. ParisSupreme Court of Virginia · 1854
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