Johnston v. Zane's Trustees
Supreme Court of Virginia
In March 1848 James C. Johnston filed his bill in the Circuit court of Ohio county against Jacob S. and William W. Shriver, trustees of Platoff Zane and Blisa Jane huswife and their children, and others, in which he alleged that Platoff Zane of Wheeling in his life time being indebted to A. J. Prentiss in the sum of one thousand two hundred and seventy-five dollars, on the 9th of March 1837 at Wheeling, executed to him his note payable on demand for that sum.
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In March 1848 James C. Johnston filed his bill in the Circuit court of Ohio county against Jacob S. and William W. Shriver, trustees of Platoff Zane and Blisa Jane huswife and their children, and others, in which he alleged that Platoff Zane of Wheeling in his life time being indebted to A. J. Prentiss in the sum of one thousand two hundred and seventy-five dollars, on the 9th of March 1837 at Wheeling, executed to him his note payable on demand for that sum. That at *the urgent request of said Zane, who was the brother of plaintiff’s wife, the plaintiff bought the note; and that in October…
1Opinion of the CourtLee, J.
Three grounds have been assigned by the appellant’s counsel, upon some one of which it is insisted he is entitled to the relief sought by his bill. These are:
First, that the deeds of the 7th of March 1837 are fraudulent and void as to the creditors of Platoff Zane, and that the appellant is entitled to impeach them as such, whether he is to be regarded as a prior or subsequent creditor, in reference to the time of their execution.
Secondly, that in point of fact his debt was a pre-existing debt, and is, therefore, in terms provided for by the deeds.
Thirdly, that under the provisions of said…
2Cases cited3 opinions
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- Lockhard v. BeckleyWest Virginia Supreme Court · 1877
- Seymour v. McAvoyCalifornia Supreme Court · 1898
- Zane v. FinkWest Virginia Supreme Court · 1881
- Cochran v. ParisSupreme Court of Virginia · 1854
- Johnson v. Wagner & SonsSupreme Court of Virginia · 1882
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