Hogg's West Virginia Code, Annotated Volume 2; Containing the Declaration of Independence, the Constitution of the United States and Laws Therof Concerning Naturanization, the Constitution of the State, and the Code as Amended by Legislation to and Includ
General Books, Feb 9, 2012
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1914 Excerpt: ... pose of defrauding the mortgagor's creditors cannot enforce the same, whether executed for a valuable consideration or not. Jones' Adm'r v. Comer's Ex'r, & Leigh, 350. A decree In favor of a creditor against several voluntary grantees of the debtor should apportion the debt sued for among such grantees In proportion to the property by them respectively received, holding them severally liable, however, to the extent of the property received by them, until all of them have paid their proportions. Chamberlayne v. Temple, 2 Rand. 384, 14 Am. Dec. 786. Where a transaction between a debtor and his creditor Is intended by them both to defraud the other creditors of the debtor, but the latter, under all the circumstances of the case, is not so culpable as the former, It would seem that a court of equity ought not altogether to refuse relief to the debtor, but to apportion the relief granted to the degree of criminality In both parties, so as on the one hand to avoid the encouragement of fraud, and on the other to prevent extortion and oppression. Austin's Adm'x v. Winston's Ex'x, 1 Hen. ft M. 33, 3 Am. Dec. 583. A., being a judgment creditor of B., proposed to him that he should have all his slaves sold on A.'s execution, so as to prevent their being taken on the executions of other creditors of B., and that A. should become the purchaser, and loan the slaves to B. until B. should pay his debt, when he should convey the slaves to the use of B.'s children. B. acceded to the proposition, and the sale was had accordingly. A. became the purchaser of the seventeen slaves, sold for 207, a little more than his debt. He Immediately conveyed two of them to B., and loaned him the residue, which remained In B.'s possession until his death, when A. got possession of them...
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