Harvey v. Anderson
Supreme Court of Virginia
Appeal from chancery court of Richmond. Suit by J. W. Anderson & Co. against M. J. Moore and others to set aside, as fraudulent, a trust deed. From a decree for complainant, defendant J. H. Harvey appeals.
1Opinion of the CourtBuchanan, J.
The first ground relied on to show that the deed of trust whose validity is assailed in this suit was made with a fraudulent intent is that the grantor, who was hopelessly insolvent when it was made, assigned all of his property to secure only a portion of his creditors, and directed that the surplus of the proceeds of the property conveyed, after the payment of the liabilities secured, should be paid to him. This, it is claimed, renders the deed fraudulent upon its face. It does not appear from the deed that the property conveyed was the grantor’s entire estate, nor that he had creditors…
2Cases cited4 opinions
- Young v. WillisSupreme Court of Virginia · 1886
- Johnson v. McAllister's AssigneeSupreme Court of Missouri · 1860
- Richards v. LevinSupreme Court of Missouri · 1852
- Morgan v. BogueNebraska Supreme Court · 1878
3Cited by3 opinions
- Cochran v. ParisSupreme Court of Virginia · 1854
- Didier v. PattersonSupreme Court of Virginia · 1896
- Mathews v. BondSupreme Court of Virginia · 1926