Saunders v. Waggoner & Co.

Citations

• 82 Va. 316
• 1886 Va. LEXIS 35

Syllabus

<p>1. Appellate Court—Jurisdiction—Trustee —A trustee in an assignment for benefit of creditors, as representative of whole fund, may appeal from a decree, if aggrieved thereby, though none of the debts secured separately amount to the minimum jurisdictional amount. Atkinson, v. McCormick, 76 Va. 791.</p> <p>2. Fraudulent Conveyances—Inconsistent reservations.—It is well-settled that conveyances professedly to indemnify creditors, but expressly, or impliedly, reserving to grantors powers inconsistent with and adequate to defeat such purpose, are void as to creditors and purchasers. Wray v. Davenport & Morris, 79 Va. 19.</p> <p>3. Idem—Case at bar.—This is a ease where the trust deed on its face reserves to the grantor powers to use, enjoy and control the property conveyed, that are inconsistent with its professed object and adequate to defeat it, and is void as to creditors and purchasers.</p>