Scott v. Gibbon & Co.
Supreme Court of Virginia
THE appellants exhibted their bill to the chancellor of the Richmond district, setting forth that Scott (who was very much involved in debt) and his wife, before their marriage, entered into a marriage contract, by deed duly executed and recorded, whereby the property of the intended wife only was conveyed to Claiborne, in trust, that, from and after the solemnization of the marriage, he should permit the husband and wife during their joint lives to take and enjoy all the…
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THE appellants exhibted their bill to the chancellor of the Richmond district, setting forth that Scott (who was very much involved in debt) and his wife, before their marriage, entered into a marriage contract, by deed duly executed and recorded, whereby the property of the intended wife only was conveyed to Claiborne, in trust, that, from and after the solemnization of the marriage, he should permit the husband and wife during their joint lives to take and enjoy all the interest and profits of the property so conveyed: and that, after the marriage was solemnized, and the deed was recorded,…
1Opinion of the Court
February 21st, 1816.
Judge Roane
pronounced the court’s opinion as follows:—
The court is of opinion that the deed of settlement in the proceedings mentioned, having been made in contemplation of a marriage between a feme sole and her intended husband, a man very much indebted, and whose creditors, but for such a settlement, might, after the marriage, have swept away the property of the wife to pay the pre-existing debts of the husband, and left her in absolute indigence, — is founded upon a sufficient consideration, and ought not to be avoided in favour of the appellees, creditors of the…
2Cited by18 opinions
- Hall v. StephensSupreme Court of Missouri · 1877
- Rugely v. RobinsonSupreme Court of Alabama · 1846
- Johnston v. Zane's TrusteesSupreme Court of Virginia · 1854
- Nixon v. RoseSupreme Court of Virginia · 1855
- Armstrong's adm'r v. PittsSupreme Court of Virginia · 1856
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