Goshorn's Ex'r v. Snodgrass
West Virginia Supreme Court
Appeal from four several decrees of the circuit court of the county of Ohio, rendered the first on the 24th day of November, 1871, the second on the 4th day of September, 1874, the third on the 15th day of May> 1875, and the fourth on the 18th day of April, 1876, in a cause in said court then pending, wherein William S. Goshorn, executor, &e., was plaintiff, and David Snod-grass and others were defendants, allowed on the petition of James L. Delaplain and others.
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Appeal from four several decrees of the circuit court of the county of Ohio, rendered the first on the 24th day of November, 1871, the second on the 4th day of September, 1874, the third on the 15th day of May> 1875, and the fourth on the 18th day of April, 1876, in a cause in said court then pending, wherein William S. Goshorn, executor, &e., was plaintiff, and David Snod-grass and others were defendants, allowed on the petition of James L. Delaplain and others. Hon. Thayer Melvin, judge of the first judicial circuit, rendered the decrees appealed from. HaymoND, Judge, furnishes the…
1Judgment of the CourtHaymoND, Judge
*762Under the view I take of this case I deem it proper to first consider the question of fraud involved in the sale eonveyanoe from David Snodgrass to James L. Del-aplain. The 2d section of ch. 179, p. 736 of the Code of 1860, which was in force in this State at the commencement of this suit provides, that “a creditor before obtaining a judgment or decree for his claim may institute any suit to avoid a gift, conveyance, assignment or transfer of, or charge upon, the estate of his debtor, which he might institute after obtaining such judgment or decree ; and he may in such suit have all the…
2Cases cited8 opinions
- Clifton v. United StatesSupreme Court of the United States · 1846
- Castle v. BullardSupreme Court of the United States · 1860
- Bean v. SmithU.S. Circuit Court for the District of Rhode Island · 1821
- Lockhard v. BeckleyWest Virginia Supreme Court · 1877
- Hunter's Ex'rs v. HunterWest Virginia Supreme Court · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Knight v. CapitoWest Virginia Supreme Court · 1884
- Wood v. HarmisonWest Virginia Supreme Court · 1895
- Harden v. WagnerWest Virginia Supreme Court · 1883
- Tolley v. PoteetWest Virginia Supreme Court · 1907
- Kanawha Valley Bank v. WilsonWest Virginia Supreme Court · 1884
41 more not listed; retrieve them via the Exa API.