Livesay's Ex'r v. Beard
Citations
- 22 W. Va. 585
- 1883 W. Va. LEXIS 85
Syllabus
<p>(*Snyder, Judge, Absent.)</p> <p>1. A deed of trust on lands and personal property .with no definite fixed period, at which a sale could be required, and which puts it in the power of the grantor by collusion or otherwise to indefinitely postpone a sale thereunder, and puts all the live-stock conveyed by the deed and the increase thereof and all future crops to be raised from the land in the quief enjoyment of the grantor, from which to support’ his family and pay the debts secured thereon as he may deem most advantageous, is fraudulent on its face and void. (p. 590 )</p> <p>2. Such deed being fraudulent on its face is void in toto and cannot stand as security for the debts therein attempted to be secured, (p. 592.)</p> <p>3. Under a deed fraudulent on its face no valid act can be done to the prejudice of creditors not secured therein. Whether there could be an innocent purchase of property under such a deed is not here decided, (p. 592.)</p> <p>4. Fraud may be legally inférred from the facts and circumstances of the case, when the facts and circumstances are of such a character as to reasonably lead to the conclusion, that the conveyance was made with the intent to hinder, delay and defraud creditors. ' (p. 593.)</p> <p>5. Where the facts and circumstances in any case are such as to make a prima facie ease of such fraudulent intent, they are to be taken as conclusive evidence of such intent, unless rebutted by other facts and circumstances in the case. (p. 593.)</p> <p>6. Although a.deed may be made-for a valuable and adequate consideration, yet if the intent of the grantor in making it be fraudulent, the deed will be void, if the grantee had notice ,of such intent, (p 593.)</p> <p>7. When a debtor in failing circumstances conveys property for a grossly inadequate consideration, that is evidence of fraudulent intent, (p. 594)</p> <p>8. Where after an absolute conveyance of real estate by a debtor in failing circumstances he remains in possession of the land with
Judges: Green, Johnson, Ooncurred
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12 cases in this archive cite this case.
- Hutchinson's Ex'x v. BoltzWest Virginia Supreme Court· 1891-12-12· cited 10×
- Ruffner Bros. v. Welton Coal & Salt Co.West Virginia Supreme Court· 1892-03-26· cited 10×
- Ritchie County Bank v. McFarlandFourth Circuit· 1910-11-14· cited 9×
- Himan v. ThornWest Virginia Supreme Court· 1889-06-27· cited 8×
- Webb v. InghamWest Virginia Supreme Court· 1887-02-12· cited 5×
- Bowyer v. MartinWest Virginia Supreme Court· 1886-02-06· cited 4×
- Holmes v. HarshbergerWest Virginia Supreme Court· 1888-09-19· cited 4×
- Swager v. SmithFourth Circuit· 1912-03-14· cited 4×
- Martin v. WarnerWest Virginia Supreme Court· 1890-11-28· cited 2×
- Wooldridge v. IrvingU.S. Circuit Court· 1884-11-15· cited 1×
- United States v. WhelanS.D. West Virginia· 2008-03-03
- Paine v. TutwilerSupreme Court of Virginia· 1876-03-15
Cites
13 cases in this archive are cited by this case.
- Mackie v. CairnsCourt for the Trial of Impeachments and Correction of Errors· 1825-12-15· cited 41×
- Gordon v. CannonSupreme Court of Virginia· 1868-04-15· cited 24×
- Peck v. LandSupreme Court of Georgia· 1847-01-15· cited 19×
- Dance v. SeamanSupreme Court of Virginia· 1854-10-15· cited 19×
- Addington v. EtheridgeSupreme Court of Virginia· 1855-05-22· cited 18×
- Gardner v. JohnstonWest Virginia Supreme Court· 1876-09-09· cited 17×
- Sipe v. EarmanSupreme Court of Virginia· 1875-10-09· cited 16×
- Tickner v. WiswallSupreme Court of Alabama· 1846-01-15· cited 13×
- Bryant v. KeltonTexas Supreme Court· 1846-12-15· cited 11×
- Garden v. Bodwing's Admx.West Virginia Supreme Court· 1876-07-17· cited 8×
- Curd v. Miller's Ex'orsSupreme Court of Virginia· 1850-10-15· cited 7×
- Perkins, Hopkins & White v. PattenSupreme Court of Georgia· 1851-07-15· cited 6×
- Stadtler v. WoodTexas Supreme Court· 1859-07-01· cited 5×
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