Knibb's v. Dixon's
Supreme Court of Virginia
This was an appeal from the chancery court of Williamsburg, where Knibb Hied his bill of complaint against Tyler, executor of Dixon. The case stated in the bill was this: Knibb being reduced in his circumstances, and much pressed by his creditors, and most of his personal property taken under execution, executed a bill of sale purporting to be an absolute deed to Dixon, for a negro woman and her daughter.
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This was an appeal from the chancery court of Williamsburg, where Knibb Hied his bill of complaint against Tyler, executor of Dixon. The case stated in the bill was this: Knibb being reduced in his circumstances, and much pressed by his creditors, and most of his personal property taken under execution, executed a bill of sale purporting to be an absolute deed to Dixon, for a negro woman and her daughter. The said bill of sale, though absolute on its face, was intended by the parties to be a trust; the said Dixon engaging, that if any more debts should come against the complainant, he would…
1Opinion of the Court
December 12.
Judge Brooke,
delivered the opinion of the court.*
The court excluding the evidence in relation to the supposed fraud of the appellant, it not being put in issue by any thing in the pleadings, is of opinion, that the conflicting evidence touching the question, whether the bill of sale from Knibb to Dixon, was intended by the parties as a security to Dixon, for payments to be made by him in behalf of Knibb, or as an absolute and unconditional *252transfer of the property, ought to have been submitted . , . 1 . ° , to a jury, by an issue to be made up between the parties; on the trial of…
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