Burton v. Mill

Citations

• 78 Va. 468
• 1884 Va. LEXIS 22

Syllabus

<p>x. Witnesses-Husband and wife-Competency.-where husband and wife are both parties, and interested in the result of a suit, neither is a competent witness.</p> <p>2. Fraudulent Conveyances-What protected against.-Code 1873, ch. 114, \\ 1, protects against fraudulent transfer, all claims, debts and demands, including claims to damages for breach .of contract to marr.y, for which judgment may, after the execution of the conveyance, be obtained. *</p> <p>3. Idem-Inconsistent reservations-Fraud on face.-Deed of July 1st, 1873 (see opinion of Richardson, J.), an instance of a conveyance void for stipulations inconsistent with the grant, and for fraud manifest on its face.</p> <p>4. Subrogation-Its origin-Volunteers.-The doctrine of subrogation rests not on contract, but on natural justice, and is enforced in behalf of sureties and others who are bound to pay for self-protection, but never in favor of mere volunteers. Clevenger v. Miller, 27 Gratt. 740.</p> <p>5. The Homestead Exemption does not protect against a demand for damages for breach of promise to marry, which is not a debt contracted, but a quasi tort.</p> <p>6. Improvements-Allowance for.-Under Code 1873, chapter 132, no allowance is made for improvements erected by one who is not a bona fide purchaser.</p>