Davis' widow v. Davis' creditors
Supreme Court of Virginia
This case was argued in Staunton and decided in w Richmond. It was a suit in equity in the Circuit court of Augusta county, brought in October 1870, by Benjamin C. Patterson and others, creditors of Braxton Davis, deceased, against his widow and ehildren, to set aside a deed executed by said Braxton Davis, conveying to a trustee two tracts of land for the benefit of Mrs. Davis for her life and then to their children, in consideration of her joining in conveying his other…
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This case was argued in Staunton and decided in w Richmond. It was a suit in equity in the Circuit court of Augusta county, brought in October 1870, by Benjamin C. Patterson and others, creditors of Braxton Davis, deceased, against his widow and ehildren, to set aside a deed executed by said Braxton Davis, conveying to a trustee two tracts of land for the benefit of Mrs. Davis for her life and then to their children, in consideration of her joining in conveying his other real estate to trustees for the benefit of Davis’ creditors. The ground on which the plaintiffs relied to set aside the…
1Opinion of the Court
Christian, J.,
delivered the opinion of the court..
*590It is a doctrine of courts of equity, supported by abundant authority, and established by the decisions this court, that a post nuptial settlement in favor of a wife, made in pursuance of a fair contract for valua^e consideration, will be held good. And although it may have been made under such circumstances, that it must be pronounced fraudulent and void as to the creditors of the husband, yet if the wife have relinquished her interest in property, on the faith of such settlement, it will be held good to the extent of a just compensation for…
2Cases cited3 opinions
- Quarles v. LacySupreme Court of Virginia · 1814
- William & Mary College v. PowellSupreme Court of Virginia · 1855
- Harvey v. AlexanderSupreme Court of Virginia · 1822
3Cited by13 opinions
- Cochran v. ParisSupreme Court of Virginia · 1854
- Strayer v. LongSupreme Court of Virginia · 1890
- Charles v. CharlesSupreme Court of Virginia · 1852
- Payne v. HutchesonSupreme Court of Virginia · 1880
- Payne v. HutchesonSupreme Court of Virginia · 1880
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