James v. Bird's adm'r
Supreme Court of Virginia
Appeal from a decree of the circuit court of Green-brier. The reporter has received in this case no copy of the record; but the president has furnished him with the following statement. ' Bird, with a view to hinder and defraud his creditors, conveyed his slaves to James, and took his bond for 8000 dollars as the price of them.
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Appeal from a decree of the circuit court of Green-brier. The reporter has received in this case no copy of the record; but the president has furnished him with the following statement. ' Bird, with a view to hinder and defraud his creditors, conveyed his slaves to James, and took his bond for 8000 dollars as the price of them. He filed a bill (which was sworn to) to set the transaction aside, on the ground that it was not designed as a sale, but merely to save his property from sacrifice. Finding this ground untenable, he filed another bill, in which he gives a new character to the…
1Opinion of the CourtParker, J.
I am of opinion that the decree of the chancellor in this case is erroneous in directing a sale of the slaves conveyed by Bird to James, and the payment of the balance of the purchase money found duo by the commissioner, instead of dismissing the bill.
It is proved beyond all doubt, that the contracts sought to be rescinded were executed by Bird to hinder and delay, if not entirely to defraud his creditors. In a bill previously filed by him against James and others, and sworn to, but afterwards dismissed for the evident purpose of getting rid of his admissions, he states that being somewhat…
2Cases cited1 opinion
- Starke's Executors v. LittlepageCourt of Appeals of Virginia · 1826
3Cited by11 opinions
- Dobie v. Sears, Roebuck & Co.Supreme Court of Virginia · 1935
- Woolfolk v. GravesSupreme Court of Virginia · 1911
- Slack v. CollinsIndiana Supreme Court · 1896
- Parks v. WiltbankSupreme Court of Virginia · 1941
- Switzer v. SwitzerSupreme Court of Virginia · 1936
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