Penn's Ex'or v. Penn

Citations

• 88 Va. 361
• 13 S.E. 707
• 1891 Va. LEXIS 44

Syllabus

<p>1. Fraudulent Conveyances. — Though trust deed originated in a fraudulent intent on the grantor’s part, yet if the trustee and the bona fide creditors secured thereby had no notice of such intent, their claims so secured are valid against all other creditors of grantor.</p> <p>2. KstoH’el — A cerniente in another proceeding. — Where land is conveyed in consideration that grantee pay grantor’s debts, and grantee subsequently conveys part to grantor’s mother in satisfaction of one of said debts, and F. and (!., creditors of grantor, filed petition in bankruptcy to set aside the conveyances as fraudulent, and a compromise being made the bankruptcy proceedings were abandoned, and grantor’s mother gave her notes, secured on the land conveyed to her, to pay certain of her son’s debts; afterwards another of his creditors instituted suit to subject this land to his debts, and under decree in this suit F. was one of the purchasers, the averment of fraud in said petition does not estop F. from maintaining that he was an innocent purchaser</p>