Gibbs v. Logan

Citations

• 22 W. Va. 208
• 1883 W. Va. LEXIS 51

Syllabus

<p>1. A conveyance of land made by a debtor in fraud of his creditors, while void as to his creditors is, nevertheless, valid and effectual as to him ; therefore, where such debtor, after such conveyance, becomes a bankrupt, he cannot claim any exemption in the . land so conveyed and have it set apart to him as a homestead under the bankrupt law. By attempting to place the land beyond the reacli of his creditors he effectually placed it beyond his own reach, (p. 210.)</p> <p>2. The bankrupt statute — U. S. Rev. Stat., sec. 5044 — does not vacate the lien of an attachment acquired more than four months prior to the commencement of proceedings in bankruptcy; nor does it prevent the attachment creditor from prosecuting his claim to judgment in the State court and availing himself of the attachment to obtain satisfaction of his debt out of the attached property, (p. 211.)</p> <p>3. Under the statutes of this State, no one but a resident of the State is entitled to a homestead exemption; consequently, a resident of the State of Virginia, who was declared a bankrupt by a district court of the United States sitting in that State, cannot hold land situated in this State as a homestead under the homestead statutes of Virginia and have it exempted from his debts in a suit by his creditors in the courts of this State, although such land had been set apart.to such debtor as a homestead by his assignee in bankruptcy in Virginia and such assignment confirmed by the bankrupt court in that State, (p. 213.)</p>