Davis' Widow v. Davis' Creditors
Supreme Court of Virginia
*This case was argued in Staunton and decided in Richmond. It was a suit in equity in the Circuit court of Augusta county, brought in October 1870, by Benjamin C. Patterson and others, creditors of Braxton Davis, deceased, against his widow and children, to set aside a deed executed by said Braxton Davis, conveying to a trustee two tracts of land for the benefit of Mrs. Davis for her life and then to their children, in consideration of her joining in conveying his other real…
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*This case was argued in Staunton and decided in Richmond. It was a suit in equity in the Circuit court of Augusta county, brought in October 1870, by Benjamin C. Patterson and others, creditors of Braxton Davis, deceased, against his widow and children, to set aside a deed executed by said Braxton Davis, conveying to a trustee two tracts of land for the benefit of Mrs. Davis for her life and then to their children, in consideration of her joining in conveying his other real estate to trustees for the benefit of Davis’ creditors. The ground on which the plaintiffs relied to set aside the…
1Opinion of the CourtChristian, J.
*It is a doctrine of courts of equity, supported by abundant authority, and established by the decisions of this court, that a post nuptial settlement in favor of a wife, made in .pursuance- of a fair contract for valuable consideration, will be held good. And although it may have been made under such circumstances, that it must be pronounced fraudulent and void as to the creditors of the husband, vet if the wife have relinquished her interest in property, on the faith of such settlement, it will be held good to the extent of a just compensation for the interest she may have parted with.…
2Cases cited103 opinions
- Daniel v. LeitchSupreme Court of Virginia · 1856
- Burdine v. Burdine's Ex'orSupreme Court of Virginia · 1900
- Gatewood v. GatewoodSupreme Court of Virginia · 1881
- Laidley v. KlineWest Virginia Supreme Court · 1875
- Martin v. SmithWest Virginia Supreme Court · 1885
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