Johnson v. Wagner & Sons
Supreme Court of Virginia
Appeal from decree of circuit court of Grayson county,, in suit of M. M. Wagner and sons against B. O. Johnson and Elizabeth, his wife,- Haywood Cox, W. W. Johnson (late trustee), Andrew Hampton, Hastin Fulton and B. O. Johnson (present trustees), John Johnson, B. F. Johnson, A. M. Johnson and R. K. Johnson.
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Appeal from decree of circuit court of Grayson county,, in suit of M. M. Wagner and sons against B. O. Johnson and Elizabeth, his wife,- Haywood Cox, W. W. Johnson (late trustee), Andrew Hampton, Hastin Fulton and B. O. Johnson (present trustees), John Johnson, B. F. Johnson, A. M. Johnson and R. K. Johnson. The object of the suit was to subject to the payment of the plaintiff’s judgment property held by the present trustees for the use of B. O. Johnson’s-wife and children, and acquired with the proceeds of property which was alleged to have been fraudulently conveyed by B. O. Johnson, in…
1Opinion of the CourtStaples, J.
The court is of opinion that the deed executed by Benjamin O. Johnson to his brother, R. H. Johnson, on the 18th of April, 1857, was upon a secret trust for the use and benefit of the grantor. That deed purports to be a sale and conveyance of the property to the grantee, in consideration *589of the sum of $3,000 then paid. It seems, however, that no part of the purchase money was ever paid; but the bonds of the grantee were taken and placed in the possession of W. W. Johnson, a son of B. O. Johnson, the grantor. The pretence now set up that these bonds, or their proceeds, were to be invested in…
2Cases cited2 opinions
- Johnston v. Zane's TrusteesSupreme Court of Virginia · 1854
- Pratt v. CoxSupreme Court of Virginia · 1872
3Cited by19 opinions
- Hickman's Ex'or v. TroutSupreme Court of Virginia · 1887
- Cochran v. ParisSupreme Court of Virginia · 1854
- Hatcher v. CrewsSupreme Court of Virginia · 1884
- Morrisette v. Cook & Bernheimer Co.Supreme Court of Virginia · 1918
- Southwest Virginia Mineral Co. v. ChaseSupreme Court of Virginia · 1897
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