Duncan, Ford & Elder v. Custard
West Virginia Supreme Court
Johnson, President, furnishes the following statement of the case: Thomas J. Duncan, Francis Ford, and John ~W. Elder, partners as Duncan, Ford & Elder, filed their hill in 1879 in the county court of Kanawha county to enforce the lien of their judgment against the lands of Silas K-. Custard.
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Johnson, President, furnishes the following statement of the case: Thomas J. Duncan, Francis Ford, and John ~W. Elder, partners as Duncan, Ford & Elder, filed their hill in 1879 in the county court of Kanawha county to enforce the lien of their judgment against the lands of Silas K-. Custard. The hill set out various deeds of trust and judgment-liens against said lands and described the lands and charged that on the 5th day. of May, 1874, the said lands and certain personal property therein described was the absolute property of the said Silas E. Custard and was all the property he had; that…
1Opinion of the Court
Johnson, President:
The first question presented is: Were the two deeds, one from Custard to Duster and the other from Duster and wife to Ellen Ii. Custard, fraudulent as to the creditors of said S. R. Custard? There is no evidence in the record, that Custard owed any debts at the daté of the said two deeds, or at the recording of the first May 14, 1874. The second deed was recorded on the 4th of June, 1874. Dut from the allegations of the hill not controverted in the answer it appears, that Custard owned a store in Kanawha county; that the goods, for which the judgments were recovered, were,…
2Cases cited4 opinions
- Wickham & Goshorn v. Lewis Martin & Co.Supreme Court of Virginia · 1856
- Evans v. GreenhowSupreme Court of Virginia · 1859
- Murdock v. WellesWest Virginia Supreme Court · 1876
- Renick v. LudingtonWest Virginia Supreme Court · 1878
3Cited by26 opinions
- Burt v. TimmonsWest Virginia Supreme Court · 1887
- Billingsley v. ClellandWest Virginia Supreme Court · 1895
- Cochran v. ParisSupreme Court of Virginia · 1854
- Newlon v. WadeWest Virginia Supreme Court · 1897
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
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