Keagy v. Trout
Supreme Court of Virginia
Appeal from decree of circuit court of Roanoke county, entered at its April term, 1887, in the chancery suit wherein Anne E. Keagy, Mary S. Keagy, and James S. Kent were complainants, and David E. Trout, his wife, Sarah C. Trout, L. C. Hans- ' hrough, trustee, Henry B. Trout, W. W. Brand, W. L. Brand, trustee, S. W. Jameson, trustee, Henry S. Trout, Roanoke Trust, Loan and Safe Deposit Company and others were defendants.
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Appeal from decree of circuit court of Roanoke county, entered at its April term, 1887, in the chancery suit wherein Anne E. Keagy, Mary S. Keagy, and James S. Kent were complainants, and David E. Trout, his wife, Sarah C. Trout, L. C. Hans- ' hrough, trustee, Henry B. Trout, W. W. Brand, W. L. Brand, trustee, S. W. Jameson, trustee, Henry S. Trout, Roanoke Trust, Loan and Safe Deposit Company and others were defendants. The object of the suit was to set aside five deeds of trust which were executed at various times by the defendant, David E. Trout, and admitted to record in July, 1886. Deed…
1Opinion of the Court
Lewis, P.
(after stating the case as above reported), delivered the opinion of the court.
*394We are of opinion that the decree is right. The answers, which are responsive to the bill, deny the charges of fraud, and their denials are conclusive of the point, as there is no evidence in the case to overcome them; and the hill calls upon the defendants to answer under oath. There is nothing on the face of the deeds to warrant the inference of fraud, and, as this court has repeatedly declared, fraud cannot be presumed unless the terms of the instrument attacked preclude any other inference. The…
2Cases cited10 opinions
- Harding v. WheatonSupreme Court of the United States · 1826
- Fishburne & Wife v. Ferguson's HeirsSupreme Court of Virginia · 1887
- Fink, Brother & Co. v. DennySupreme Court of Virginia · 1881
- William & Mary College v. PowellSupreme Court of Virginia · 1855
- Muller's Adm'r v. StoneSupreme Court of Virginia · 1888
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3Cited by26 opinions
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