Fisher v. Dickenson

Citations

• 84 Va. 318
• 4 S.E. 737
• 1888 Va. LEXIS 83

Syllabus

<p>1. Decrees—Construction—Fraudulent conveyances—Case at bar.—-Bill to enforce judgment lien, alleged prior trust deed to be fraudulent or satisfied. Debtor denied the allegation, and charged the judgment to be usurious. Account of liens was taken. Report did not sustain charge of usury, nor allude to trust deed, -which was not filed with .the hill, and was at no time before the master or the court. No evidence was presented tending to prove the alleged fraud or satisfaction. Report was excepted to, hut it was confirmed, and the land decreed to he sold. Upon appeal here, the decree, which was silent as to the trust deed, was reversed, and the judgment reduced by reason of the manifest usury to the principal loaned, and the cause remanded:</p> <p>Held :</p> <p>These decrees are not to be construed as adjudging by implication, the ‘trust deed to be fraudulent or satisfied, when no decree expressly so adjudges, and when, if any did so adjudge, it would he in opposition to evidence to the contrary.</p> <p>2. Chancery Practice—Depositions—Case at bar.—Term began on 25th, depositions were taken on 24th and 25th October, 1884. Counsel of both parties were present and examined and cross-examined the witnesses on the' first day, when the taking was adjourned to the next day. Pinal decree was rendered on the 30th. No objections were made to the reading until the hearing.</p> <p>Held :</p> <p>The depositions were admissible.</p> <p>3. Trustees—Death—Successor.—Under section 9, chapter 174, Code 1873, personal representative of sole trustee may execute the trust. Yet, under section 8 of same chapter, the county court may appoint a trustee to execute the trust, and the appointment, when made conformably with the statute, is valid.</p> <p>4. Idem—Sale under trust deed—Case at bar.—Sale of the land under said prior trust deed by the substituted trustee to whom the purchase money has been paid by the purchaser, who has received a conveyance from the former, is valid, and is unaffe