Gardner v. Stratton's Adm'r
Supreme Court of Virginia
Appeal from decree of the circuit court of Nelson county,, pronounced at March term thereof, 1891, in the chancery cause wherein M. K. Estes, administrator of C. A. Stratton, deceased, was plaintiff, and F. K. N. Gardner, C. H. Walpole and Anna M., his wife, who was, before marriage with said Walpole, Anna M. Gardner, and J. R. Peebles, trustee, and Ernest Madden were defendants.
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Appeal from decree of the circuit court of Nelson county,, pronounced at March term thereof, 1891, in the chancery cause wherein M. K. Estes, administrator of C. A. Stratton, deceased, was plaintiff, and F. K. N. Gardner, C. H. Walpole and Anna M., his wife, who was, before marriage with said Walpole, Anna M. Gardner, and J. R. Peebles, trustee, and Ernest Madden were defendants. The material facts are these: Some time in the year 1863 F. K. Nelson, of Albemarle county, the grandfather of said F. K. N. Gardner and Anna M. Walpole, departed this life testate, leaving a widow, Margaret D.…
1Opinion of the Court
Richardson, J.,
(after stating the case,) delivered the opinion of the court.
The bill and amended bill, taken as one, directly assail both the proceedings had in the partition suit of Gardner v. Walpole, &c., and the deed of September 15th, 1888, as had and done for the purpose of hindering, delaying, and defrauding creditors, and especially the appellee’s intestate. In fact, the bill is painfully pregnant with oft-repeated charges of *914fraud, each and all of which are mere figments of the imagination. There is absolutely not a single fact or circumstance disclosed, by the record which seriously…
2Cases cited2 opinions
- Royall's administrators v. JohnsonSupreme Court of Virginia · 1823
- Noel's Adm'r v. Noel's Adm'rSupreme Court of Virginia · 1889
3Cited by4 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Evans v. SpurginSupreme Court of Virginia · 1854
- Jones v. Buckingham Slate Co.Supreme Court of Virginia · 1914
- Witt v. Witt'sSupreme Court of Virginia · 1926