Welsh v. Solenberger

Citations

• 85 Va. 441
• 8 S.E. 91
• 1888 Va. LEXIS 53

Syllabus

<p>1. Equitable Jurisdiction and Relief—Bill confessed.—Where a bill to set aside conveyance contains positive and specific allegations of fraud, those allegations are taken as true on the bill being taken as confessed. Price v. Thrash, 30 Gratt. 515.</p> <p>2. Idem—Answer—Final decree.—A decree annulling conveyance for fraud and directing commissioner to ascertain the location and value of the lands and the liens thereon, is not a final decree in the sense that an answer may not be filed thereafter. Code 1887, $ 3275.</p> <p>3. Idem—Statute of limitations—Voluntary conveyances.—In absence of fraud, suit by creditors to annul conveyance to a husband, in trust for his wife, on the ground that the consideration was paid by him, is barred by five years. Code 1887, $ 2929.</p> <p>4. Idem—Case at bar.—Land sold for debt was repurchased with money loaned by debtor’s brother and reconveyed to him in trust for his wife. The note for the loan was signed by husband and wife, and lender testified that he made the loan to assist his brother, but the land was for the wife;</p> <p>Held:</p> <p>The conveyance was not fraudulent as to creditors.</p> <p>5. Husband and Wife—Curtesy—Husband's debts.—Since the married woman’s act, husband’s curtesy initiate in his wife’s lands cannot be sold to pay his debts.</p>