DeFarges v. Ryland & Brooks

Citations

• 87 Va. 404
• 12 S.E. 805
• 1891 Va. LEXIS 84

Syllabus

<p>,1. Husband and Wife—Witnesses.—When both are interested in the result of the suit, neither is a competent witness. And same is true when the question is whether a settlement made by him on her is a valid act.</p> <p>2. Recitals in Deeds—As to whom conclusive.—These are conclusive against parties claiming under the deed, but not as to third persons.</p> <p>3. Post-Nuptial Settlements—When valid.—Such settlements made in pursuance of previous contract and on valuable consideration, such as relinquishment of her interest in husband’s estate, where there is no badge of fraud, are good.</p> <p>4. Idem—Subsequent debts.—Post-nuptial settlement will be good against subsequent creditors where there is no fraud and settler is not in debt when he makes it.</p> <p>5. Idem—Without consideration.—Everv voluntary post-nuptial settlement is fraudulent and void as against creditors, when settler is indebted. And every settlement will be taken as voluntary, unless those claiming under it can show it was made for a valuable consideration, which cannot be shown either.by the answer or by the recitals in the deed, but must be established by legal evidence.</p> <p>6. Idem—Case at bar.—Settlement by husband largely indebted, on wife of lands and all his personalty, upon consideration and pursuant to agreement recited in the deed : held, void as to creditors in the absence of evidence to sustain the truth of said recitals.</p>