Keagy v. Trout

Citations

• 85 Va. 390
• 7 S.E. 329
• 1888 Va. LEXIS 46

Syllabus

<p>1. Fraudulent Conveyances&emdash;Presumption&emdash;Terms&emdash;Time upon paying interest.&emdash;Fraud cannot be presumed unless terms exclude other inference. Privilege of longer time and possession, not exceeding five years, upon paying interest, does not affect validity. Sipe v. Earman, 26 Gratt. 563. Nor will the fact that creditors may be hindered and delayed in absence of fraudulent intent. Young v. Willis, 82 Va. 291.</p> <p>2. Issue out of Chancery&emdash;Denial&emdash;Evidence &emdash;Issue will not be directed merely because evidence is contradictory, if chancellor’s conscience be satisfied, and never where answer denies the allegations of the bill and there is no evidence to support them. Carter v. Carter, 82 Va. 624.</p> <p>3. Usury&emdash;Jury&emdash;Discovery.&emdash;Code 1873, ch. 137, \\ 12, directing the court to cause an issue to be made and tried at its bar by a jury, whether or no the transaction be usurious, had no application to a bill requiring a discovery.</p> <p>4. Idem&emdash;“Brokerage”■&emdash;Attorney's fees&emdash;Case at bar.&emdash;Where one contracts to pay to another a certain sum, called by them “brokerage,” to negotiate and guaranty a loan for him, and also to pay attorney’s fees for making abstracts of title to the property whereon loan is to be secured, though said sums exceed lawful interest;</p> <p>Held :</p> <p>They, not being for loan or forbearance of money, do not constitute usury.</p> <p>5. Idem&emdash;Corporation&emdash;Stockholder&emdash;Loanor.&emdash;Nor does the fact that the negotiator and guarantor of the loan is a corporation and that the lender is a stockholder, make such “ brokerage,” etc., usury.</p> <p>6. Trust Deeds&emdash;Debts&emdash;Inaccuracy&emdash;Injunction.&emdash;Where answers, responsive to the bill, show debts secured in trust deed to grantor’s sons to be valid and subsisting, the validity of the deed is not affected by the fact that it inaccurately describes the amounts of those debts, though