Curd v. Miller's Ex'ors
Supreme Court of Virginia
This was a suit bjr William Hiller in the Circuit court of Goochland, to enjoin the sale of a slave named Hezekiah, levied on by the sheriff under an execution which issued upon a judgment recovered by John Guerrant against William Lewis and Thomas Curd, upon a bond in which Lewis was principal and Curd was his surety.
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This was a suit bjr William Hiller in the Circuit court of Goochland, to enjoin the sale of a slave named Hezekiah, levied on by the sheriff under an execution which issued upon a judgment recovered by John Guerrant against William Lewis and Thomas Curd, upon a bond in which Lewis was principal and Curd was his surety. Miller, who was the father in law of Lewis, claimed the sale under a deed bearing date the 27th of November 1835,-and admitted to record in the clerk’s office of the County court of Goochland, by which Lewis, in consideration, as stated in the deed, of his having sold several…
1Opinion of the CourtBaldwin, J.
Lewis, the grantor in the bill of sale to the appellee of the 27th of November 1835, in the proceedings mentioned, having, notwithstanding his alleged absolute sale of the slave Hezekiah thereby conveyed, con*77tinued in the possession of the said slave, such continued possession raises the legal presumption that the sale was fraudulent as regards the creditors of Lewis; which presumption throws imperatively upon the appellee the whole burthen of proving the fairness and good faith of the transaction; and that cannot be done without sufficient evidence that the pretended sale was for a fair and…
2Cited by7 opinions
- Livesay's Ex'r v. BeardWest Virginia Supreme Court · 1883
- Cochran v. ParisSupreme Court of Virginia · 1854
- Bindley v. Martin Bros.West Virginia Supreme Court · 1886
- Daily's Ex'or v. WarrenSupreme Court of Virginia · 1885
- Paine v. TutwilerSupreme Court of Virginia · 1876
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