Thornton v. Gaar

Citations

• 87 Va. 315
• 12 S.E. 753
• 1891 Va. LEXIS 73

Syllabus

<p>1. Chancery Practice—Fraudulent conveyances—Parties—Reversible errors.— In suit to annul a bond and trust deed as fraudulent, it appearing the same had been assigned to the grantor’s wife, the court, before decreeing on the merits, should require her to be made a party, and the failure so to do is reversible error, though the point was not made below. Welsh v. Solenberger, 85 Va., 444.</p> <p>2. Idem—Witnesses.—In such suit the bond having been assigned to grantor’s wife, he is not a competent witness.</p> <p>3. Idem—Grantor’s subsequent declarations—Harmless error.—In such suit declarations of grantor, after executing the deed, cannot be used to impeach it, but where there is other evidence to the same effect, their admission is harmless error.</p>