Witz, Biedler & Co. v. Osburn

Citations

• 83 Va. 227
• 2 S.E. 33
• 1887 Va. LEXIS 55

Syllabus

<p>1. Appeals—Jurisdiction—Inseverable claims —Where the claims of all the appellants but one are below the appellate jurisdiction, but the questions as to all are identical, and their interests inseverable, this court will retain the appeal for all.</p> <p>'2. Post-nuptial settlements—Witnesses—Husband and wife.—In suit to annul such settlements as voluntary, husband and wife are incompetent to testify, no matter by which party introduced.</p> <p>3. Idem— Voluntary—Fraud—Creditors—Purchasers.—Voluntary deeds, &c., are void as to existing, but not as to subsequent creditors unless actually fraudulent Code 1873, ch. 114. 1 and 2.</p> <p>4. Idem—Fraud—Proof—Case at bar.—Evidence of fraud must be sufficient to satisfy the conscience of the court, but may be, and generally must be, circumstantial. In the case at bar here there is not only no proof of a consideration for the post-nuptial settlements, but it appears from the evidence that there was fraudulent intent through the whole transaction, and the deeds are void as to both existing and subsequent creditors.</p>