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