Hatcher v. Crews

Citations

• 78 Va. 460
• 1884 Va. LEXIS 21

Syllabus

<p>1. Fraudulent convey axic.es—Post-nuptial settlements—Burdenofproof-— Answer— Post-nuptial settlements are presumed to be voluntary, and the burden of showing they are made upon valuable considerations rests on those claiming under them. Where bill charges them to be voluntary, the answer does not shift the burden, and is not evidence for the respondents, but the defence must be proved. Fink v. Denny, 75 Va. 663.</p> <p>2. Idem—Creditors—Existing—Subsequent—Case at bar.—H and wife conveyed in 1872, property to C & C, to secure advances by them to a firm whereof H was a member. After H had repaid advances, and his firm had stopped business, in 1873, C & C acknowledged receipt of payment for the property, and agreed, by unrecorded contract, to convey it to trustees for separate use of H’s wife, free from his debts theretofore or thereafter created. Then H’s firm was considerably indebted, and it was not shown that those debts were paid or secured, or that the members of the firm were able to pay them. The conveyance was made by C (survivor of C & C) in 1876. In suit by creditor of H, whose debt was created in 1874, assailing the contract and conveyance.</p> <p>Held :</p> <p>1. Both contract and conveyance are fraudulent as to H’s existing creditors, and therefore, as to his subsequent creditors.</p> <p>2. The contract being void, and the assailing creditor’s debt having been created before the deed, he must be regarded as an existing, creditor.</p> <p>3. Evidence—Depositions in another suit.—Deposition of witness taken in one suit, may be read as evidence against him, as an admission, in another suit where the subject matter is the same.</p>