Williamson's Ex'r v. Goodwyn
| Decision Date | 15 November 1852 |
| Citation | 50 Va. 503 |
| Court | Virginia Supreme Court |
| Parties | WILLIAMSON'S ex'or v. GOODWYN & als. |
(Absent Allen, J.)
1. A sells to B a number of slaves at a price much below their value, for the purpose of defrauding his creditors, and soon afterwards dies. B executes to him her bonds for the purchase money, and he assigns the bonds to bona fide creditors. B sells a part of the property and discharges the bonds, and then conveys the remainder of the property to the widow and child of A. Upon a bill by other creditors of A to set aside these deeds as fraudulent, they are set aside, and the property conveyed in the last of them is sold and the proceeds are applied to pay the claims of the creditors. All the creditors of A not being satisfied out of this fund, B is held liable to satisfy them to the extent of the price of the property sold by her.
2. A commissioner's report made in the cause showing that there is a small sum in the hands of A's administrator which the court below omitted to decree to be paid to the creditors in exoneration pro tanto of B, the court will amend the decree in this respect, and affirm it with costs to the appellees.
This was a suit in equity in the Circuit court of the town of Petersburg, by William H. Goodwyn and others, creditors of John Hardaway deceased, against the executor of Holley T Williamson deceased, and a former administratrix and present administrator de bonis non of Hardaway. The object of the bill was to set aside two deeds, one of them bearing date the 29th of March 1843, whereby John Hardaway in his lifetime conveyed to his mother, Mrs. Williamson, all his personal property, including his slaves, in consideration of the sum of 3926 dollars. For this sum Mrs. Williamson executed several bonds, payable on demand, to John Hardaway which he transferred to different bona fide creditors of his; and he died within a few months after the execution of this deed, leaving a widow and one child. Mrs. Williamson proceeded to sell a part of the property so conveyed to her in the lifetime of her son; and after his death she sold still more of it, and out of the proceeds of sale she paid off the bonds she had executed to John Hardaway, or reimbursed herself for the payment of them; and then by deed bearing date the 21st day of February 1844, she conveyed the remainder of said property to the widow and child of John Hardaway deceased.
The proofs left no doubt that the deed of the 29th of March 1843 was fraudulent and void as to the creditors of John Hardaway; and when the cause came on to be heard the court set aside the deeds and directed the property which was conveyed by Mrs. Williamson to the widow and child of John Hardaway deceased, to be sold by commissioners. This sale was made, producing the net sum of 2760 dollars 95 cents, applicable to the payment of the debts of Hardaway, a sum which was not sufficient fully to discharge them. In the progress of the cause an account of the debts was taken, as was also an account of the two administrations upon John Hardaway's estate, the latter accounts showing small balances, which are stated in the opinion of the court.
In December 1846, the court made a decree distributing the amount of the sales of the property among the creditors having priority; and another report being made stating the debts still outstanding, amounting to less than the purchase money of the property sold by Mrs. Williamson, on the 4th day of June 1847 the court made a final decree, directing the executor of Mrs. Williamson out of the assets of her estate in his hands, to pay to each of these creditors the amount which appeared by the commissioner's report to be due to him, with interest. From this decree the executor applied to this court for an appeal, which was allowed.
Joynes, for the appellant.
Spooner, for the appellee.
The contract of March 29, 1843, as between John Hardaway and Holly T. Williamson, must be regarded a sale by Hardaway to Williamson, and as passing his title to the property embraced in...
To continue reading
Request your trial