Johnson v. Wagner & Sons

Citations

• 76 Va. 587
• 1882 Va. LEXIS 61

Syllabus

<p>1. Fraudulent Conveyances-—Case at bar.—la 1870 judgment was rendered on debt contracted in 1859. In 1857 the debtor conveyed his property to his brother, to avoid paying anticipated judgment in slander suit. The bonds taken from brother for the price were handed to his son. Brother held the property two years and then conveyed it to the son, who surrendered the bonds. In 1865 the property was sold to a bona fide purchaser, and other property, purchased with the proceeds, was conveyed to son, as trustee for wife and children of the debtor. From 1857 to 1865 the property remained in the possession and control of the debtor. In suit to subject the property held by son, as trustee, to satisfy the judgment—</p> <p>Held :</p> <p>1. The deeds of the debtor and of the brother were upon a secret trust for the use of the debtor, and actually fraudulent and void, both as to them, and as to subsequent creditors.</p> <p>2. The judgment cannot be questioned in this proceeding. It maybe enforced against any property held by the debtor at the time the debt was contracted, or acquired with the proceeds thereof, in the hands of mere volunteers.</p> <p>2. Fraudulent Conveyances— Tort. —Tt is settled doctrine that a deed made with intent to defeat a recovery of damages in an action of tort, and before trial and judgment, is fraudulent and void to the same extent as a conveyance to hinder and delay existing creditors. The intent need not be established by express proof.</p> <p>3. Chancery Practice—Rents and profits.—The bill alleged that the rents and profits would not in five years pay the judgment. This was not specifically denied. Without inquiry, decree of sale was rendered. No exception taken until in argument here.</p> <p>Held :</p> <p>No ground for reversal. Decree will be amended so as to direct inquiry below.</p> <p>4. Idem—Sale.—Court below hath discretion whether to decree sale of all or part of the land. Appellate court will not reverse a decree in thisrespeet unless pla