Legal Opinion

Simon v. Ellison

Supreme Court of Virginia

Decided July 13, 1893PublishedCited by 13 opinions

Appeal from decree of corporation court of city of Bristol, in a chancery cause wherein Bodman B. Ellison, John B. Ellison, Henry H. Ellison, and William B. Ellison, partners under the style of John B. Ellison & Sons, and others were plaintiffs, and H. J. Simon and H. E. Jones, as trustee, were defendants. The object of the suit was to annul as fraudulent a trust deed made to secure certain preferred creditors of the grantor, who were not made parties.

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Appeal from decree of corporation court of city of Bristol, in a chancery cause wherein Bodman B. Ellison, John B. Ellison, Henry H. Ellison, and William B. Ellison, partners under the style of John B. Ellison & Sons, and others were plaintiffs, and H. J. Simon and H. E. Jones, as trustee, were defendants. The object of the suit was to annul as fraudulent a trust deed made to secure certain preferred creditors of the grantor, who were not made parties. The circuit court set aside the deed, and the defendant, Simon, appealed. Opinion states the case.

1Opinion of the CourtLacy, J.

The bill in this case was filed by the appellees against the appellants, H. J. Simon, their debtor, and H. E. Jones, trustee, to set aside a deed in trust by said Simon, conveying his stock *158of goods in Ms store to said Jones, as trustee, to secure certain preferred creditors, as fraudulent and void, because intended to hinder, delay, and defraud Ms creditors, and to set aside a certain homestead deed executed by said Simon, claiming his homestead exemption in certain goods. Aud other bills were Med by other creditors for the same purpose. To these bills Simon answered and demurred, and the…

2Cases cited4 opinions

  1. Stovall v. Border Grange BankSupreme Court of Virginia · 1883
  2. Proctor v. SpratleySupreme Court of Virginia · 1884
  3. Commonwealth v. RicksSupreme Court of Virginia · 1845
  4. McDaniel v. BaskervillSupreme Court of Virginia · 1856

3Cited by13 opinions

  1. State v. HydeOregon Supreme Court · 1918
  2. Town of Carbon Hill v. MarksSupreme Court of Alabama · 1920
  3. Carter v. Spiegel, May Stern Co.Court of Appeals of Georgia · 1932
  4. Crawley v. SelbySupreme Court of Georgia · 1951
  5. Edmonds v. Atlanta Newspapers, Inc.Court of Appeals of Georgia · 1955

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