Avis v. Lee

Citations

• 77 Va. 553
• 1883 Va. LEXIS 90

Syllabus

<p>x. Fraudulent Conveyances—Ref erence to commissioner—Case at bar.— Suit in Virginia to set aside conveyance for fraud. Grantor and grantees deny fraud and explain the bona fides of the transaction. Depositions taken. Circuit court decrees conveyance fraudulent and null as to grantor’s creditors. Appeal to district court of appeals. Decree reversed and cause remanded for account of all dealings between grantor and grantees before executing deed, inspection of all grantees’ mercantile books, and examination of themselves on oath before commissioner. Grantees notify plaintiffs when and where in the city of B (their home), before commissioner of Virginia, they would submit their books for inspection and themselves for examination on oath. Then and there the books were inspected and grantees cross-examined on oath by counsel for plaintiffs. Commissioner made copies of the books, and certified the copies and grantees’ depositions to circuit court. These were laid before commissioner in Virginia. He refused to consider them, but made special statement. Circuit court, inspecting his report, decreed that plaintiffs had failed to make out their charge of fraud, and dismissed their bill with costs.</p> <p>Held—(by a majority of the court):</p> <p>1. The decree of the district court of appeals reversing the decree annulling the deed for fraud was final as far as it went.</p> <p>2. Appellees might have appealed to this court, but did not.</p> <p>3. In its directions for account of dealings, inspection of books and examination on oath of grantees, its purpose was to get at the truth; and the inspection and examination in the city of B answered for that purpose, as well as the like inspection and examination in Virginia could have done. And the circuit court needed not to compel the books and the grantees to be brought to this state for inspection and examination.</p> <p>Held—(by Richardson J. and Lewis P.):</p> <p>In pursuance of directions of district court of appeals, circui