Henry v. Graves
Supreme Court of Virginia
Iii 1837 Azariah Graves, by 'will, gave certain slaves to Barzillai Graves for life, and at his death to be equally divided among all his children; one of whom was Sarah F. wife of James W. Henry.
Read the full summary
Iii 1837 Azariah Graves, by 'will, gave certain slaves to Barzillai Graves for life, and at his death to be equally divided among all his children; one of whom was Sarah F. wife of James W. Henry. The said Henry and wife, by deed dated the 22d day of February, 1849, reciting that it was executed “for a valuable consideration received by them, and out of pure love and affection,” gave all their interest in the said slaves to Mary F. and Sally B. Graves daughters of Robert and Leannah Graves. In 1850 Barzillai Graves the life tenant died. Mrs. Henry died about the same time, but whether before…
1Opinion of the Court
Moncure J.
delivered the opinion of the court:
The appellant’s claim is founded on1 the assumption that his deed is entirely voluntary. H it was executed for a valuable consideration, in whole or in part, it is certainly valid and effectual, whether it be regarded as an executed, or a merely executory contract. The deed recites that it was executed for a valuable consideration received 'by the grantors, and is evidence of that fact against them, even in a court of equity; though not conclusive evidence, or an estoppel in that court. The deed also recites that it was executed “out of pure love…
2Cases cited1 opinion
- Turner v. Davis' administratorCourt of Appeals of Kentucky · 1840
3Cited by9 opinions
- Cochran v. ParisSupreme Court of Virginia · 1854
- Mayor's Ex'or v. Carrington's Ex'orSupreme Court of Virginia · 1869
- Clarkson v. BoothSupreme Court of Virginia · 1867
- Moorman v. SmootSupreme Court of Virginia · 1877
- Mayo's ex'or v. Carrington's ex'orSupreme Court of Virginia · 1869
4 more not listed; retrieve them via the Exa API.