McCormick v. Atkinson
Supreme Court of Virginia
Appeal from decree of circuit court of Frederick county rendered 23d June, 1882, in the ckancery cause wherein W. M. Atkinson, trustee, was plaintiff, and F. H. Bonley, G. W. Bonley, M. McCormick, R. Parker, A. R. Pendleton and others were defendants.
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Appeal from decree of circuit court of Frederick county rendered 23d June, 1882, in the ckancery cause wherein W. M. Atkinson, trustee, was plaintiff, and F. H. Bonley, G. W. Bonley, M. McCormick, R. Parker, A. R. Pendleton and others were defendants. George Bonley, on 15th January, 1880, conveyed to ~W. M. Atkinson, trustee, the stock and fixtures of his drug-store in Winchester, in trust to secure payment of two bonds, one for $500, payable eighteen months, and another for $550, payable two years after date, but the deed was not admitted to record until the 24th June, 1880. And on 24th…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
A deed of conveyance, professedly for the indemnity of creditors, in which the grantor expressly or impliedly re*10tains a power inconsistent with, and adequate to the defeat of, the avowed object of the deed, is void as against creditors and purchasers. This is a well settled principle repeatedly recognized by this court. Lang v. Lee, 3 Rand. 410; Sheppard v. Turpin, 3 Gratt. 373; Addington v. Etheridge, 12 Gratt. 436; Perry & Co. v. Shen. Valley Nat. Bank, 27 Gratt. 755. It is decisive of the question raised in the present case touching the validity…
2Cases cited1 opinion
- Addington v. EtheridgeSupreme Court of Virginia · 1855
3Cited by14 opinions
- Cochran v. ParisSupreme Court of Virginia · 1854
- Wray v. DavenportSupreme Court of Virginia · 1884
- Young v. WillisSupreme Court of Virginia · 1886
- Saunders v. Waggoner & Co.Supreme Court of Virginia · 1886
- Consolidated Tramway Co. v. Germania BankCourt of Appeals of Virginia · 1917
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