Thomas v. Soper
Supreme Court of Virginia
IN an action of detinue for sundry slaves, the plaintiff John Soper offered in evidence, in support of the issue joined on his part, an absolute deed, duly recorded, from James Thomas, sen.
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IN an action of detinue for sundry slaves, the plaintiff John Soper offered in evidence, in support of the issue joined on his part, an absolute deed, duly recorded, from James Thomas, sen. (of whose estate the defendant Joel Thomas was administrator,) to himself, of the slaves in question : whereupon, the defendant offered to impeach the validity of the said deed, as fraudulent and without good or valuable consideration, by testimony, first that James Thomas the vendor held the possession of all the negroes in the declaration mentioned from the time of executing the said deed to that of his…
1Opinion of the Court
1. Although, Sutbe case of an absolute deed of slaves, where the grantor remains in possession after the execution and recording of the same, such deed is to be regarded as fraudulent and void as to creditors and subsequent purchasers, yet the same is obligatory, and cannot be impeached, as between the grantor and grantee and their representatives. «?*See Alexander v, Deneale, 2 Munf. 34! ; Gay v. Moseley, ibid. 543. — ñobertsonv* Ewell, 3 Munf. 1.
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