Donohoe v. Collett
West Virginia Supreme Court
Appeal from Circuit Court, Randolph County. Suit by M. E. Durkin Donohoe against Eronia H. Collett and others. Judgment for plaintiff, and defendant Nell Phares appeals.
1Opinion of the Court
POEEENBARGER, JUDGE :
The decree under review on this appeal, setting aside a deed, as having been made in fraud of the rights of creditors, and enforcing a judgment lien on the property conveyed by it, is founded upon the theory of duty on the part of close relatives between whom a conveyance has been made, directly or indirectly, which stands in the way of a creditor complaining of it and charging fraud in the execution thereof, to prove good faith in the transaction. In the opinion of the trial court, there was no admissible evidence of fraud in the record, but, because the debtor and the…
2Cases cited17 opinions
- Burt v. TimmonsWest Virginia Supreme Court · 1887
- Knight v. CapitoWest Virginia Supreme Court · 1884
- Denver Tramway Co. v. OwensSupreme Court of Colorado · 1894
- Rogers v. VerlanderWest Virginia Supreme Court · 1888
- Colston v. MillerWest Virginia Supreme Court · 1904
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3Cited by4 opinions
- State v. BurtonWest Virginia Supreme Court · 1979
- State v. FisherWest Virginia Supreme Court · 1943
- Hodge v. GartenWest Virginia Supreme Court · 1935
- Schiffler v. KisselWest Virginia Supreme Court · 1927