Stokes v. Oliver

Citations

• 76 Va. 72
• 1882 Va. LEXIS 6

Syllabus

<p>Parol Gifts—When valid quoad creditors of donor.—In 1853 and 1855 S owned estate of much value, and owed but one debt, for which his sons, H and R, were sureties. In 1853 he induced H to sell out in L and settle on a farm in P E assessed at $13,800, which he agreed to give H if H would pay him $2,500. H paid the money. In 1855 S exchanged with R a farm in P E. assessed at $15,000, for lands in L assessed at-$2,500. S placed H and R in possession of the respective farms, and they held notorious and adverse possession of, and made valuable improvements and paid taxes on same until 1869. S also gave to his daughter, B, the land in L adjacent to the land occupied by her already, and she held it openly and cultivated it as her own until 1869, but made no valuable improvements on it. No conveyances were made until December, 1863, when S conveyed the said farms to H, R, and B, respectively, by deeds declaring that they were, in consideration, respectively, “ oí natural love and affection and $2,500,” “of natural love and affection and certain lands,” and “of natural love and affection.” After these alienations were made, S retained estate ample to pay not only what he owed in 1855 but what he owed in 1863. In 1865 S died insolvent. In 1869 O, whose debt was contracted before 1853, and other creditors, whose debts were contracted after 'that date, filed a bill to annul these deeds as voluntary and void as to them and to subject the lands to pay their debts.</p> <p>Held :</p> <p>1. The bill should have been dismissed as to H and R, the parol gifts-to whom were not only in part supported by valuable considerations, but who were also induced by the donor to alter their conditions and to expend money in valuable improvements on the land.</p> <p>2. The deed to B was voluntary, and void as to the creditors of S. B had not been induced by reason of the parol gift to alter her eonrlition, and to expend money in valuable improvements on the land. There was nothing in her ease whe