The times. [volume] (Richmond, Va.) 1890-1903, 1896-04-30

pel;ee was Indebted 10 appellants, ana
thew undertook 10 subject his Interest," 10
his brothers estate (and TO follow u up III
the hands OF his mother as voluntary
assignment to the payment OF their uept.
The mother was ignorant OF appeheeS
Indebtedness. and there IL nothing IN 'ho
record tending TO show that me act was
fraudulent. either as 10 him or his motnef'
Held: /. Being voluntary asasn-
ment. II was fraudulent In law ana yoin-
able at the suit OF his creditors, Dut,
2. While she retained the money. II be-
ing a gift from appellee. she held IL In
law AZ a trustee for his creditors, ana
could have been compelled 10 account TOT
Il to them. Its possession, or the con-
version Of 81 TO her own use. would have
created "a trust in their favor, whlen
court OF equity would have enforced, but
when she returned the money 10 hims
though I'm the form Of loan. she divested
herself OF any property belonging 70 HIM.
and again made the money assets OF bis
estate, and thereby destroyed any ground
upon which a trust in favor OF his cref-
itors could arise. The trust then expired,
and any equity previously existing In their
favor ceased.
Where property or money has been re-
ceiyed from an insoiyent donor by one
having no reason 20 suspect his fhsoi-
vency, and without any purpose 10 de-
fraud his creditors. and the donee, leSejn-
ing OF the insolvency before action Is
brought. returns the property or repays
the money. or even applies II I'm good
faith TO the debts Of the donor. all liza
billty OF the donee TO the creditors on ac-
count OF the gift thereupon determines.
Bump on Fraud. Conyeyances. $3.50: 10
Ohio. 23O q y. j. l.. r.. ~; 10 Allen.
lS2: ~ Graft, s26.
Tn h. a III
account OF II must stand AS a security
pro tanto for the repayment OF the loan
the one must be Offset against the other,
as at law.
FRAUDULENT INTENT.
Harvey VS.. Anderson. From tho Chan
Gerry Court OF Richmond. Reversed. Opin-
ton by buchanan. Judge.
grantor, hopelessly insoivent. makes
deed or trust on all MS property t.
secure part or his creditors. diectis
that after the payment or liabilities se.
cured therein any surplus be paid
To him.
Held, !. Such direction Is not c0ncIusiy,
evidence of fraudulent intent. ana such
q deed IS not per Sc fraudulent rhe law.
section 2li2. requires such disposition oa
the surplus II * mere surpiusage. ant
does not operate 10 exempt any part o.
tue hfbtot > property lihln tlit ldt AufAi ~
his debts. II Gratt., ~; IL Graft, %;
81 Graft, 800; 50 Va, 2sS.
=. Ten per cent. commission 10 the trus-
tee is more than the statute provides, ana
more than is generally paid, unless un-
usual trouble and difficulty attend the
execution OF the trust. Reasonable COM
pensation is all that should be provided
for or allowed. 1t may show trandu-
lent intent. but II does not appear IN tnis
case that the sum provided Tor was ex-
cessiye or unreasonable.
SUMMARY.
Lacey VS.. Palmer, Sheriff. Upon a writ
of habeas corpus. Prisoner discharged.
Opinion by Keith. President.
Norris vs.. Jones. From the Chancery
Court Of Richmond city. Anirmed. Riley,
Judge.
city of Richmond vs.. Loving, &c. FROM
the Hastings Court OF the city or kicn-
mond. Writ OF error dismissed; ana
Fidelity ami Casualty Company vs..
Chambers. From the Circuit Court or
Greensville. Affirmed. Opinions by Card
well. Judge.
Harvey VS.. Anderson. From the Chan-
Gerry Court OF Richmond. Reversed: ana
Aiken vs. Connolly. From the circuit
Cour Of Fairfax. Affirmed. Opinions ny
Buchanan, Judge.
Spindie. &c, vs.. Fletcher Bro. &c.
From the Circuit Court or Fauquier. he
versed. opinion by Harrison, Judge.
International and Fraternal Alliance vs.
Marye. auditor. Mandamus awarded.
Appeals. &c. allowed in following cases;
Hunt Il Adams W. Miller, &c. IRON
Russell Circuit Court.
Hudson vs.. Com. From the circuit
Court OF Wythe.
Osborne VS.. Pulaski Light and water
Company. From the Circuit Court OF
Pulaski.
And refused as follows:
Mercede Edwards vs.. Cannon. &c. FROM
the Law and Equity Court OF Norfolk ,
Woodson IS. Ford. From the Law ana
F0uity Court OF Richmond.
cams administrator vs.. Norfolk ana
Western Railroad Company. FROM inc
Circuit Court or Dinwidde.
May Us. Commonwealth. From tho
County Court OF Wise.
Court adjourned FOR the term.
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