Brown v. Putney

Citations

• 90 Va. 447
• 18 S.E. 883
• 1894 Va. LEXIS 11

Syllabus

<p>1. Infants’ Lands — Exchanges—Validity.—Under decree in suit by father in 1884, land of his infant children was exchanged for his own land. The bill was not filed by one authorized so to do, the trustee was not a party, and in other respects also the proceedings were not conformable to Code 1873, p. 932, even had that statute provided for the exchange of such lands : Held : The exchange was not validated by the act of 1888, Sess. Acts 1887-’88, p. 504.</p> <p>2. Trust Deeds — Subjects of. — Debtor may convey for his creditor’s benefit property held by him nominally in trust for others, but equitably his own, and withhold property nominally his own, but equitably belonging to others.</p> <p>3. Idem — Case at bar. — In 1884 B. procured a decree for exchange of his own lot for a lot held by trustee for his wife and children, by proceedings not in accordance with the law. Later, by a trust deed reciting the invalidity of the exchange, he conveyed the former lot for his creditors’ benefit and the latter lot for his wife and children’s benefit. His creditors filed their bill, alleging the exchange to have been valid, and attacking the trust deed as voluntary and fraudulent. The court below overruled the demurrer to the bill and adjudged the trust deed void: Held : Error.</p>