Norris v. Lake
Supreme Court of Virginia
Appeal from decree of the circuit court of Fauquier county, rendered April 20, 1891, in a suit wherein H. D. B. Norris, the appellant here, was plaintiff, and W. H. Lake and others were defendants; the case being as follows: The appellant, a judgment creditor of the appellee, William H. Lake, filed his bill, at the March rules, 1890, to set aside, on the ground of fraud, a deed of trust executed by Lake, on the 30th of August, 1889, to James V. Brooke and R. Taylor Scott,…
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Appeal from decree of the circuit court of Fauquier county, rendered April 20, 1891, in a suit wherein H. D. B. Norris, the appellant here, was plaintiff, and W. H. Lake and others were defendants; the case being as follows: The appellant, a judgment creditor of the appellee, William H. Lake, filed his bill, at the March rules, 1890, to set aside, on the ground of fraud, a deed of trust executed by Lake, on the 30th of August, 1889, to James V. Brooke and R. Taylor Scott, trustees, to secure certain debts therein mentioned. The deed, a copy of which is exhibited with the bill, was executed…
1Opinion of the Court
Lewis, P.,
(after stating the case,) delivered the opinion of the court.
*516A preliminary question has been raised as to the jurisdiction. The appellees insist that the appeal ought, to be dismissed as having been improvidently awarded. But we are of opinion that the decree of the 20th of April, 1891, adjudicates, to a certain extent, the principles of the cause, and is therefore an appealable order. Code, sec. 3454. It decides that the deed is not fraudulent per se, thus overruling one of the grounds upon which relief is prayed for in the bill; and the appeal from that decree brings up all the…
2Cases cited3 opinions
- Keagy v. TroutSupreme Court of Virginia · 1888
- Dance v. SeamanSupreme Court of Virginia · 1854
- Young v. WillisSupreme Court of Virginia · 1886
3Cited by13 opinions
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- Hanna v. WilsonSupreme Court of Virginia · 1846
- Thomas v. TimondsSupreme Court of Iowa · 1916
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