Henderson v. Hunton
Supreme Court of Virginia
In March 1869 Silas B. Hunton instituted a suit in •equity in the Circuit court of Fauquier county, against Thomas Henderson, T. L. Moore and others, to set aside a deed made by Moore to Henderson. In his bill he states, that he and Moore and five others, whom he names, were the sureties of John Q. Marr, late sheriff of Fauquier county, who had died insolvent.
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In March 1869 Silas B. Hunton instituted a suit in •equity in the Circuit court of Fauquier county, against Thomas Henderson, T. L. Moore and others, to set aside a deed made by Moore to Henderson. In his bill he states, that he and Moore and five others, whom he names, were the sureties of John Q. Marr, late sheriff of Fauquier county, who had died insolvent. That a judgment had been recovered by John S. Byrne against the plaintiff and three others of the sureties of said Marr, in January 1866, for the sum of $1,117, with interest from December 15th 1858, for the failure of Marr as sheriff…
1Opinion of the Court
Staples J.
This is a creditor’s bill to set aside a deed on the ground of fraud. The deed in question conveys all the real estate of the grantor, Thomas L. Moore, in the county of Fauquier, to Thomas L. Henderson, the grantee, in consideration of a debt of fifty dollars due by tbe former to the latter, and for the further consideration of a comfortable support to be furnished the grantor during his life.
As Moore was much embarrassed with debt at the date of this transaction, there is no doubt but that a *933court of equity would have vacated this deed and held the property liable to the demands of…
2Cases cited1 opinion
- Thomas v. GoodwinMassachusetts Supreme Judicial Court · 1815
3Cited by17 opinions
- Livesay's Ex'r v. BeardWest Virginia Supreme Court · 1883
- Almond v. WilsonSupreme Court of Virginia · 1881
- Hazlewood v. ForrerSupreme Court of Virginia · 1897
- Cochran v. ParisSupreme Court of Virginia · 1854
- Claflin v. FoleyWest Virginia Supreme Court · 1883
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