Bumgardner v. Harris

Citations

• 92 Va. 188
• 23 S.E. 229
• 1895 Va. LEXIS 103

Syllabus

<p>1. Conveyance in Consideration or Marriage&emdash;Valuable Consideration-Gift Over After Death of Wife Void as to Existing Creditors.&emdash;In 1867 marriage constituted a valuable consideration for a settlement by a man on his intended wife, and after the marriage the settlement was valid against existing creditors; but where the settlement was upon the wife for her life, with remainder over to the sister of the grantor and her children, the remainder is without valuable consideration and void as to creditors whose debts existed at the time of the settlement.</p> <p>2. Voluntary Conveyance&emdash;Statute of Limitations-&emdash;Actual Fraud&emdash; Laches.&emdash;If a settlement is attacked solely on the .ground that it is voluntary, the suit must be brought within the five years prescribed by the statute, but there is no limitation upon the right of a creditor to attack a deed for fraud in fact, though the right to do so may be lost by the laches of the creditor, especially when accompanied by the loss of evidence, the death of the parties, or other causes which render the transactions obscure, or difficult of solution.</p> <p>3. Conveyance&emdash;Voluntary&emdash;Fraudulent&emdash;Statute of Limitations.&emdash;Where a deed is assailed by one set of creditors on the ground that it is voluntary and therefore fraudulent as to existing creditors, and by another set on the ground of fraud in fact, and the statute of limitations is relied on as a defence, and it is ascertained that the deed is both voluntary and fraudulent in fact, but more than five years have elapsed before the institution of the suit, the deed will be set aside as to those creditors who allege and prove fraud in fact, but not as to those who simply allege that it was voluntary.</p>