Tebbs v. Lee

Citations

• 76 Va. 744
• 1882 Va. LEXIS 75

Syllabus

<p>1. Appeals.—To give the court of appeals jurisdiction of a cause, save in-certain specified cases, the judgment or decree must amount to §500, principal and interest, at the date of the judgment or decree, except where the plaintiff’s demand exceeds that amount, and he applies for-the appeal. Gage v. Crockett, 27 Gratt. 735. Such deficient claim is not helped as respects such jurisdiction, because another party, having a separate and distinct claim, unites in the appeal. Umbarger v. Watts, 25 Gratt. 165.</p> <p>2. Postnuptial Settlement—Sale—Case at bar.—L is insolvent, and there are liens on his real estate. P, father of L’s wife, devised to her one undivided sixth part of “ Mansfield ” farm. L and wife convey said sixth to W, for §3,886, payable in certain stocks and bond, and W simultaneously conveyed said stocks, &c., and said sixth interest, to trustees, for the purpose of paying out of the proceeds of said stock, &c., the liens of judgments against L, on said sixth interest and to hold the residue “subject to any appointment which the wife of L may make in writing addressed to said trustees.”</p> <p>Held :</p> <p>This is not a settlement of the husband’s life estate, as tenant by the curtesy, on his wife, but a sale by L and wife to W of her own land and of her husband’s marital interest therein.</p> <p>3. Fraudulent Conveyance—Inadequacy.—To invalidate conveyance for fraud, the fraud must be proved by the alleger thereof; and mere inadequacy of consideration, in the absence of fraud, will not invalidate a conveyance.</p> <p>4. Judicial Sale.—So long as sale is unconfirmed, and the property and the sale remains under the power of the court, it has the power to change the terms of the sale.</p> <p>5. Appellate Court.—Where appellant is not interested in a question raised in the petition as an assignment of error, this court will not consider such question.</p>