Didier v. Patterson
Supreme Court of Virginia
Argued at Wytheville. Decided at Staunton. Appeal from a decree of the Corporation Court of the city of Roanoke, pronounced April 1, 1893, in a suit in chancery wherein the appellants were the complainants, and the appellees were the defendants. The above mentioned decree was pronounced in two chancery suits heard together, but which the petition for appeal says were consolidated.
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Argued at Wytheville. Decided at Staunton. Appeal from a decree of the Corporation Court of the city of Roanoke, pronounced April 1, 1893, in a suit in chancery wherein the appellants were the complainants, and the appellees were the defendants. The above mentioned decree was pronounced in two chancery suits heard together, but which the petition for appeal says were consolidated. The object of the suits was to set aside, as fraudulent, an assignment made by W. F. Patterson, to the Fidelity Loan and Trust Company, of Roanoke city, and to attach the debt assigned and any other property of said…
1Opinion of the CourtRiely, J.
• An intent on the part of a debtor, in making a conveyance or transfer of his property, to delay, hinder, or defraud his creditors, renders the conveyance or transfer void as to them, except as against a purchaser for valuable consideration and without notice of the fraud. This is the case both by the common law and under the statute. Wait on Fraud. Con., sec. 16; and the Code of Va., sec. 2458.
Fraud may appear from the provisions of the instrument itself, or be proved by evidence aliunde. Whenever it is apparent on the face of the instrument, it is called constructive or legal fraud; and in…
2Cases cited11 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Shirras & Others v. Caig & MitchelSupreme Court of the United States · 1812
- Hickman's Ex'or v. TroutSupreme Court of Virginia · 1887
- Leitch v. . HollisterNew York Court of Appeals · 1850
- Lawrence v. TuckerSupreme Court of the United States · 1860
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Hicks v. Roanoke Brick Co.Supreme Court of Virginia · 1897
- Cochran v. ParisSupreme Court of Virginia · 1854
- Lone Star Cement Corporation v. SwartwoutCourt of Appeals for the Fourth Circuit · 1938
- Hawes v. Wm. R. Trigg Co.Supreme Court of Virginia · 1909
- Bank of Phoebus v. ByrumSupreme Court of Virginia · 1910
12 more not listed; retrieve them via the Exa API.