Bickle v. Chrisman's Adm'x

Citations

• 76 Va. 678
• 1882 Va. LEXIS 68

Syllabus

<p>1. Voluntary Conveyances—Limitations—Case at bar.—In 1870, C assigned bona fide, but for no consideration deemed valuable in law, in trust for his wife, two land bonds of about $7,000 each. The assignment was never recorded. In 1871, trustee invested these bonds in a farm for Mrs. C. In 1878, C having died, B, assignee of H, and other creditors of C (whose causes of action did not accrue until March, 1877), filed bill to subject the farm to payment of their debts, on the ground that the assignment of the bonds wherewith the farm was purchased, was not on consideration deemed valuable in law. Mrs. C pleaded the limitation of Code 1873, ch. 146, §16.</p> <p>Held:</p> <p>1. The suit to avoid the assignment was barred.</p> <p>2. Under Code 1873, ch. 146, § 16, the statute begins to run frqm the date of the execution of the deed, and not, as usual under our statutes, from the time the right of action accrued.</p> <p>3. The exceptions to the operation of this statute must be fohnd in the statute itself, “the doctrine of an inherent equity creating an exception where the statute makes none, being now universally exploded.”</p> <p>4. Mere want of knowledge in creditor is insufficient to suspend the statute.</p> <p>5. So far as failure to record goes, the recordation of a mere assignment of chóses in action, is not necessary or proper under our statutes.</p> <p>6. Code 1873, ch. 146, § 20, applies to “indirect ways and means used to obstruct the suit ” by the defendant in the suit wherein the statute of limitations is pleaded, and is not applicable to this case, where the obstruction was by C to the suits against him, the conclusion whereof was a necessary preliminary to the suit to impeach the assignment.</p> <p>2. Idem—Idem.—For history of the distinction between the legislation providing for the running of the statute against suits to avoid conveyances not on considerations deemed valuable in law, and of that providing for the rnnning of the statute in other cases, see