Perry v. Ruby
Supreme Court of Virginia
Argued at Staunton, but decided at Richmond. Appeal from decree of circuit court of Shenandoah county, entered May 29, 1885, in the consolidated cases of John H. Hepner, complainant, v. Joseph Perry and Wife, &c., defendants; Wm. H. Ruby v. Same; John P. Funkhauser v. Same, and George W. Min-nick v. Same, defendants. The object of the suit was to annul a post-nuptial settlement of real estate made in 1880 on his wife, and subject the property to the payment of his debts.
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Argued at Staunton, but decided at Richmond. Appeal from decree of circuit court of Shenandoah county, entered May 29, 1885, in the consolidated cases of John H. Hepner, complainant, v. Joseph Perry and Wife, &c., defendants; Wm. H. Ruby v. Same; John P. Funkhauser v. Same, and George W. Min-nick v. Same, defendants. The object of the suit was to annul a post-nuptial settlement of real estate made in 1880 on his wife, and subject the property to the payment of his debts. The decision was in favor of the creditors, and Perry and wife obtained an appeal to this court.
1Opinion of the CourtRichardson, J.
The facts essential to a proper understanding of the case are these: Mrs. Perry inherited from her father, William Sigler, who died in 1869, real estate in the county of Shenandoah, of the estimated value of some $9,000. The land thus inherited by Mrs. Perry was apportioned to her in the division of her father’s estate, and contains 149 3-160 acres. In 1871 Joseph Perry sold and conveyed the land thus inherited by his wife to one Lemuel Allen, and his wife, the said Adeline L. Perry, joined in the conveyance, there being therein no intimation of any settlement agreed then or thereafter to be…
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