Sipe v. Earman
Supreme Court of Virginia
In September 1869 Joseph Sipe brought a suit in uquity in the Circuit court of Rockingham county, to set aside a deed made by Peter E. Earman to secure John Carpenter and others named in the deed, certain ■debts therein named. The bill states, that in August 1867 the plaintiff recovered a judgment in the County court of Rockingham against Peter J. Earman for -$1,676.82, with interest and costs.
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In September 1869 Joseph Sipe brought a suit in uquity in the Circuit court of Rockingham county, to set aside a deed made by Peter E. Earman to secure John Carpenter and others named in the deed, certain ■debts therein named. The bill states, that in August 1867 the plaintiff recovered a judgment in the County court of Rockingham against Peter J. Earman for -$1,676.82, with interest and costs. That a short time before said judgment was recovered, the said Peter E. Earman made a deed, by which he conveyed all of his property to John W. Earman, for the ostensible purpose of securing the…
1Opinion of the CourtAnderson, J.
The question raised by the record of this case is, was-the deed of trust made by Peter P. Earman, on the 7th of May 1867 to secure his creditors therein named fraudulent?
In Dance & als. v. Seaman & als., 11 Gratt. 778, Judge Allen, in whose opinion the other judges concurred, says: “If it were a question of the first impression,it would be matter for grave consideration” “whether a deed of trust executed by a debtor on the verge of insolvency, creating preference amongst his creditors, postponing the time of sale, the possession in the meantime remaining with the grantor, and the profits to…
2Cases cited1 opinion
- Dance v. SeamanSupreme Court of Virginia · 1854
3Cited by16 opinions
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- Lucas v. Clafflin & Co.Supreme Court of Virginia · 1882
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