Elder's Ex'ors v. Harris
Supreme Court of Virginia
Appeal from decree of circuit court of Lunenburg county, June term, 1881, in suit of Thomas C. Elder and J. H. Elder, executors of B. Elder, deceased, and others, against Johu A. Harris, William A. Harris and Junius H. Harris. The-bill was filed in July, 1874, to set aside as fraudulent a. deed made by John A. Harris to Wm. A. Harris. It was-taken for confessed as against the grantor.
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Appeal from decree of circuit court of Lunenburg county, June term, 1881, in suit of Thomas C. Elder and J. H. Elder, executors of B. Elder, deceased, and others, against Johu A. Harris, William A. Harris and Junius H. Harris. The-bill was filed in July, 1874, to set aside as fraudulent a. deed made by John A. Harris to Wm. A. Harris. It was-taken for confessed as against the grantor. The grantee answered, denying the fraud, but making no allusion to the bankruptcy of the grantor, or to the appointment and qualification of his assignee. In September, 1874, the bill was dismissed on the ground…
1Opinion of the CourtBurks, J.
After this cause was remanded the last time, the defend-ant, William A. Harris, by leave of the court filed a supplemental answer to the bill. Though not sworn to, the filing does not appear to have been objected to; nor did the complainants reply. During the same term at which it was filed, the cause was heard upon it and the papers formerly read, and the bill was dismissed.
The sole ground upon which the dismissal is placed by *190the decree is, that “a suit to set aside the fraudulent deed made by John A. Harris, bankrupt, before his bankruptcy, can only be maintained by the assignee of said…
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