Dance v. Seaman
Supreme Court of Virginia
This was a bill by Seaman and others, creditors of Benjamin B. Belt and Humphrey S. Belt, to set aside two deeds executed by these parties, on the ground that they were fraudulent, and intended to hinder and delay their creditors. The trustee a'nswered, denying any knowledge of a fraudulent intent, and the Belts denied all fraud: And the only question in the cause was, whether the deeds were fraudulent on their face.
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This was a bill by Seaman and others, creditors of Benjamin B. Belt and Humphrey S. Belt, to set aside two deeds executed by these parties, on the ground that they were fraudulent, and intended to hinder and delay their creditors. The trustee a'nswered, denying any knowledge of a fraudulent intent, and the Belts denied all fraud: And the only question in the cause was, whether the deeds were fraudulent on their face. Both the deeds were dated on the 4th day of August 1848, and each conveyed one moiety of the same property; and their provisions were substantially the same. One of them,…
1Opinion of the Court
ALLEN, P.
If the questions presented by the record in this case were of the first impression in this court, ' *it would be matter for grave consideration, whether deeds of trust, such as those assathed by the bill of the appellees, did not contravene the spirit of the statute against fraudulent convej'ances: Whether a deed of trust executed by a debtor on the verge of insolvency, creating preferences amongst his creditors, postponing the time of sale, the possession in the mean time remaining with the grantor, and the profits to be received by him, and executed without the knowledge of or…
2Cases cited1 opinion
- Bank of U. S. v. BeirneSupreme Court of Virginia · 1844
3Cited by19 opinions
- Lewis' Adm'r v. GlennSupreme Court of Virginia · 1888
- Livesay's Ex'r v. BeardWest Virginia Supreme Court · 1883
- Williams v. Lord & RobinsonSupreme Court of Virginia · 1881
- Greer v. O'BrienWest Virginia Supreme Court · 1892
- Didier v. PattersonSupreme Court of Virginia · 1896
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