Wray v. Davenport

Citations

• 79 Va. 19
• 1884 Va. LEXIS 54

Syllabus

<p>x. Fraudulent Conveyances—Inconsistent Reservations.—It is well settled that conveyances, professedly to indemnify creditors, but expressly or impliedly reserving to grantors powers inconsistent and adequate to defeat such purpose, is void as to creditors and purchasers. McCormick, trustee, v. Atkinson, trustee, & als. 78 Va. 8.</p> <p>2. Homestead—Mode of Claiming.—Constitution, Article XI, secures homestead, yet legislature may prescribe mode of setting it apart, only it cannot defeat or impair the benefit thereof. Chapter 183, Code 1873, is within legislative authority, and to avail himself thereof householder must actually claim the exemption and set it apart as prescribed.</p> <p>3. Appellate Court—Injunction—Bond—Estopp.el.—One is estopped to deny in appellate court that an injunction was providently awarded, or that the bond was proper in form and substance where he has sued out and maintained the injunction for a long time, given the bond, and kept and used the property.</p> <p>4. IjssMr—Idem—Res judicata.—It is too late for a grantor in a fraudulent deed to urge in appellate court that a judgment is excessive in suit to annul that deed and subject the property to that judgment.</p>