Shattuck & Jackson v. Knight & Bros.
West Virginia Supreme Court
(xREEN, Judge, furnishes the following statement of the case: On February 2,1884, C. H. Shattuck and J. M. Jackson Jr., partners in busiuess as Shattuck & Jackson, sued out an attachment in the circuit court of Mason county against S. N. Knight and G-. W. Knight, partners as S. N. Knight & Brother, for $366.19. This attachment was levied the same day on town-lots Nos. 164 and 165 in Clifton and lots Nos. 40 and41, in Qrantsburg, and also on the goods, &c., particularly…
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(xREEN, Judge, furnishes the following statement of the case: On February 2,1884, C. H. Shattuck and J. M. Jackson Jr., partners in busiuess as Shattuck & Jackson, sued out an attachment in the circuit court of Mason county against S. N. Knight and G-. W. Knight, partners as S. N. Knight & Brother, for $366.19. This attachment was levied the same day on town-lots Nos. 164 and 165 in Clifton and lots Nos. 40 and41, in Qrantsburg, and also on the goods, &c., particularly specified in their store. The affidavit, on ivhich this attachment was based, stated, that Shattuck & Jackson were about to…
1Opinion of the Court
O-REBN, Judge :
The first enquiry to be made in this case is : Was the deed of trust of January 9,1884, referred to in the bill and charged to be fraudulent, either on its face fraudulent or in fact made with intent to delay, hinder and defraud the creditors of the grantors, and was this fraudulent intent known to the beneficiaries in the deed of trust ? If either of these enquiries must be answered in the affirmative, the decree of the circuit court must be reversed, even if the attachment was improp*595erly issued and had to be quashed; for the bill would be still good, as every creditor of a…
2Cases cited9 opinions
- Goshorn's Ex'r v. SnodgrassWest Virginia Supreme Court · 1881
- Livesay's Ex'r v. BeardWest Virginia Supreme Court · 1883
- Harden v. WagnerWest Virginia Supreme Court · 1883
- Garland v. RivesCourt of Appeals of Virginia · 1826
- Kuhn, Netter & Co. v. Mack & Bros.West Virginia Supreme Court · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sweeny v. Sugar Refining Co.West Virginia Supreme Court · 1887
- Bank of Marlinton v. McLaughlinWest Virginia Supreme Court · 1941
- Gilbert v. PeppersWest Virginia Supreme Court · 1909
- Atkinson v. MillerWest Virginia Supreme Court · 1890
- In re Elletson Co.District Court, N.D. West Virginia · 1909
7 more not listed; retrieve them via the Exa API.