Legal Opinion

Stoneburner & Richards v. Motley

Supreme Court of Virginia

Decided April 7, 1898PublishedCited by 22 opinions

Appeal from decrees of the Circuit Court of Essex county, pronounced June 16, 1895, and January 4, 1896, in three suits in chancery heard together, wherein the appellants and others were, respectively, the complainants, and the appellees were the defendants. The deed assailed in this case conveyed, amongst other things, two stocks of goods.

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Appeal from decrees of the Circuit Court of Essex county, pronounced June 16, 1895, and January 4, 1896, in three suits in chancery heard together, wherein the appellants and others were, respectively, the complainants, and the appellees were the defendants. The deed assailed in this case conveyed, amongst other things, two stocks of goods. The following is a copy of the deed, omitting the names of creditors and the amounts secured: “This deed made and entered into this 20th day of January, 1894, between D. P. Motley, of the first part; W. E. Wright, of the second part, as trustee, and the…

1Opinion of the Court

Keith, P.,

delivered the opinion of the court.

D. P. Motley, being embarrassed, executed a deed of trust to *787W. E. Wright, trastee, for the benefit of certain creditors therein named, which deed is attached as fraudulent as to them by the appellants, Stoneburner & Richards, and other creditors of D. P. Motley. They allege that the deed reserves to the grantor an interest and control over the property inconsistent with its avowed objects and adequate to their defeat. The deed, after conveying certain property to the trustee, directs him “when so required by the creditors to take charge of said…

2Cases cited2 opinions

  1. Cook v. BradleySupreme Court of Connecticut · 1828
  2. Catt v. Wm. Knabe & Co.Supreme Court of Virginia · 1896

3Cited by22 opinions

  1. Harper v. DavisCourt of Appeals of Maryland · 1911
  2. Cochran v. ParisSupreme Court of Virginia · 1854
  3. Armstrong v. StoneSupreme Court of Virginia · 1852
  4. Glascock v. CommissionerCourt of Appeals for the Fourth Circuit · 1939
  5. Sager v. BashamSupreme Court of Virginia · 1991

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