Burwell's ex'or v. Lumsden
Supreme Court of Virginia
Ia 1841 John S. Burwell, of Franklin county, was largely indebted, and among other debts he owed there was a note discounted at a bank in Danville for about $10,000, on which there were a number of endorsers. On the 2d of October of that year he made a deed, by which he conveyed a large tract of land on which he lived, some slaves and other personal property, to Moses G-. Carper, in trust to secure these endorsers.
Read the full summary
Ia 1841 John S. Burwell, of Franklin county, was largely indebted, and among other debts he owed there was a note discounted at a bank in Danville for about $10,000, on which there were a number of endorsers. On the 2d of October of that year he made a deed, by which he conveyed a large tract of land on which he lived, some slaves and other personal property, to Moses G-. Carper, in trust to secure these endorsers. And on the same day, in consideration that his wife, Eliza M» Burwell, joined him in the deed, he conveyed to A. L, Burwell and B. "VY. Burwell four slaves, several horses, all the…
1Opinion of the CourtStaples, J.
The principal question in this case for our determination is as to the validity of the settlement made John S. Burwell in favor of his wife under the deed of the 2d of October 1844. It is insisted that this set-ti-ement was excessive; that the property conveyed for Mrs. Burw ell’s benefit was far beyond the value of the dower interest relinquished by her; and to that extent at least is fraudulent and void. I do not understand it is seriously maintained that any actual fraud was perpetrated in the execution of the deed; but that Mrs. Burwell received largely more than an equivalent for her…
2Cases cited1 opinion
- William & Mary College v. PowellSupreme Court of Virginia · 1855
3Cited by9 opinions
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- Cochran v. ParisSupreme Court of Virginia · 1854
- Ashworth v. BrownSupreme Court of Virginia · 1910
- Savings Bank v. ToddSupreme Court of Virginia · 1913
- Payne v. HutchesonSupreme Court of Virginia · 1880
4 more not listed; retrieve them via the Exa API.