Marks v. Spencer
Supreme Court of Virginia
Appeal from decree of circuit court of Mecklenburg county, rendered April 8th, 1884, in the consolidated causes of Marks, &c., v. Spencer, and Spencer v. Marks, &c. See Finch v. Marks, &c., 76 Va. 207, and Marks, &c., v. Spencer, decided February 9th, 1882, and not reported.
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Appeal from decree of circuit court of Mecklenburg county, rendered April 8th, 1884, in the consolidated causes of Marks, &c., v. Spencer, and Spencer v. Marks, &c. See Finch v. Marks, &c., 76 Va. 207, and Marks, &c., v. Spencer, decided February 9th, 1882, and not reported. L. E. Finch and wife, by deed recorded January 28th, 1874, conveyed to F. R. Marks a lot in Boydton in trust for separate use of his wife, Caroline, for her life, with power of appointment by will, but on failure to appoint, to her children. The deed recites that the consideration was “paid by the said F. R. Marks.” In…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
The only question necessary to be considered is, whether the consideration for the conveyance of the Boydton property by Finch and wife to F. R. Marks, trustee for Caroline Marks, his wife, and their children, moved from her or from her husband, the said F. R. Marks.
It is alleged by the appellee in his answer in the court below, which was treated as a cross-bill, that the consideration moved from the husband, and moreover that the settlement upon the wife was voluntary, fraudulent and void as against creditors of the husband. These allegations,…
2Cases cited4 opinions
- Cook v. TullisSupreme Court of the United States · 1874
- William & Mary College v. PowellSupreme Court of Virginia · 1855
- Cronie v. HartSupreme Court of Virginia · 1868
- Smith v. BradfordSupreme Court of Virginia · 1882