Long v. Meriden Britannia Co.
Supreme Court of Virginia
Appeal from a decree of the Corporation Court of the city of Lynchburg, pronounced April 17, 1891, in a suit in chancery wherein the appellees were the complainants, and the appellant and others were the defendants. The deed assailed in this case not only conveyed and as- t> signed the property specifically enumerated, but also contained a general clause by which the grantors conveyed “all other personal property and effects of every description belonging to said firm.”
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Appeal from a decree of the Corporation Court of the city of Lynchburg, pronounced April 17, 1891, in a suit in chancery wherein the appellees were the complainants, and the appellant and others were the defendants. The deed assailed in this case not only conveyed and as- t> signed the property specifically enumerated, but also contained a general clause by which the grantors conveyed “all other personal property and effects of every description belonging to said firm.” The other facts appear in the opinion of the court.
1Opinion of the CourtBiely, J.
It is not contended that there was any actual fraud in making the deed of assignment in controversy. The ground of the attack upon the deed is the constructive or legal fraud claimed to result from the alleged failure of the grantors to surrender their entire estates for the payment of their debts, although exacting from the creditors, who should accept the benefits of the assignment, a release from personal liability for such part of their debts as the fund should be insufficient to discharge.
“Whatever may be the course of decision in other States, it is established in Yirginia that a debtor…
2Cases cited8 opinions
- Warnock v. DavisSupreme Court of the United States · 1882
- Wickham & Goshorn v. Lewis Martin & Co.Supreme Court of Virginia · 1856
- Darlington's AppealSupreme Court of Pennsylvania · 1878
- Bank of U. S. v. BeirneSupreme Court of Virginia · 1844
- Gordon v. CannonSupreme Court of Virginia · 1868
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- Tate v. Commercial Building Ass'nSupreme Court of Virginia · 1899
- Cottrell v. NurnbergerWest Virginia Supreme Court · 1948
- Cochran v. ParisSupreme Court of Virginia · 1854
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