Norris v. Lake

Citations

• 89 Va. 513
• 16 S.E. 663
• 1893 Va. LEXIS 66

Syllabus

<p>1. Jurisdiction—Appealable order.—Where a decree decides that the deed attacked by the bill as fraudulent per sc is not so, thus overruling one of the grounds on which relief is prayed for in the bill, it adjudicates, to a certain extent, the principles of the cause, and is therefore an appealable order. Code, § 3454.</p> <p>2. Receiver—Cane, for.—The appointment of a receiver is not a matter of right, but of discretion, to be exercised with caution, and never, except in a strong ease, and where the court is satisfied there is imminent danger of loss.</p> <p>3. Trust Deed—Fraud.—Fraud in such a deed is never presumed unless the terms of the instrument preclude any other inference. Nor does a provision postponing sale for a reasonable time, and reserving the use of the property to the grantor in the meantime; nor does the fact that the exact amounts of the debts are not accurately stated, with power in the trustee to ascertain their respective amounts; nor the provisions that there shall be no sale until one or more of the creditors require it, or that the sale shall be for cash, render the deed fraudulent on its face. Sipe v. Earman, 26 Gratt. 563.</p>