Boggs v. McCoy

Citations

• 15 W. Va. 344
• 1879 W. Va. LEXIS 30

Syllabus

<p>1. In a suit by a creditor, instituted after the death of the debtor, to set aside a deed of land made by him as voluntary and fraudulent, and to subject the land to the payment of his debt, the personal representative of the debtor is a necessary party.</p> <p>2. In such a case the court should not set aside the deed, or subject the land to the payment of the debt, till it has ascertained whether the personal estate in the hands of the personal representative will pay all his debts, and if it will not, till it has ap-jilied to the payment of this debt so much of the personal estate as is properly applicable to its payment.</p>