Grayson v. George

Citations

• 85 Va. 908
• 9 S.E. 13
• 1889 Va. LEXIS 102

Syllabus

<p>1. Voluntary Conveyances&emdash;Creditors' suit&emdash;Case at bar.&emdash;Where husband sells his wife’s bank stock (not her separate estate), and with proceeds pays three-fifths of the price of land sold and conveyed jointly to him and his father, and the latter, paying the residue, conveys, by deed on its face for only a good consideration, his moiety to son’s children, the conveyance is wholly voluntary, and his moiety liable to his creditors.</p> <p>2. Idem&emdash;Resulting trust&emdash;Case at bar.&emdash;In such case, husband having thus reduced wife’s bank stock into his possession, it became his, and for the excess over one-half father sues son, and wife has no interest in the land by resulting trust.</p> <p>3. Witnesses&emdash;Competency&emdash;Case at bar.&emdash;Where the children of witness (and not his wife) are beneficiaries in conveyance assailed by grantor’s creditors as voluntary, he is competent in the children’s behalf.</p>