Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-04-09
pcaled from were reversed and the cause
remanded In conformity with this
opinion
The Dardcn Decd Set Aside.

ptaieu IRON were reversed ana the cause
remanded In conformity with this
opinion
The Dnrdcn Deed Set Aside.
Judge Harrison delivered the opinion In
the case OF Darden and others against
Ferguson & Co. and others, from the
Circuit Court OF Southampton county
This appeal involved the validity of a
deed given by Rufus Il. Darden August
n, 1891 who was then insolvent. to his
son, John Il. Darden to secure Martha
X. Darden. wife of the grantor, upon
three notes aggregating $500. The de-
cree appealed from declared that the deed
was executed upon consideration not
deemed valuable in law and with intent
TO defraud the creditors of Rufus f.. OAR
den, who were complainants In the court
below. The opinion Of Judge Harrison
says that owing to the facility which the
marriage relation affords for the commits
sion OF fraud. transactions between hus-
band and wife should be closely scruti-
nized to determine II they are fair and
honest; that in a contest between the
creditors of a husband and the wife the
burden OF proof is upon her TO show clear
and satisfactory proof Of a bona-iide trans
action In all such cases. the presumption
being In favor OF the creditors that she
must prove the original transaction. the
mere holding Of bond being unsatisfac-
tory.
In all such cases the presumptions are
in favor OF the creditors and not in IA
vor of the title Of the wife. Wait on
Fraudulent Conveyances. sections 300 and
3Ol; Flynn VS.. Jackson, 80 Virginia.
The opinion adds that the right Of the
wife to the benefits of the deed in ques-
ton is not established with the degree OF
hn
after careful examination of the evil
dence. the court says, the mind Is left in
a painful state of doubt and uncertainty
as TO the integrity of the transaction.
1.-THE burden is on the wife" says Judge
Harrison. "to show that the original
transaction represented a loan by her TO
the husband and contemporaneous
promise on his part to pay the debt,
otherwise what was originally a gift TO
aid the husband in business could subse-
quently, when he became involved, be
converted into debt to his wife, and
thus perpetrate fraud upon his creditors
with the utmost facility and impunity."
For these and other reasons the decree
appealed from is affirmed.
Other Supreme Court Matters.
BY Judge r. H. Cardwell: Taylor and
ais. VS. Malone. (Chancery Court city of
Norfolk
7 Taylor and ais VS.. Mallory Circuit
Court of Orange county, Writ Of errcr
and supersedeas awarded; bond, $500.
Jackson VS.. Commonwealth. County
Court of Allegheny county, Writ of err
ror refused
The Norfolk and Carolina Railroad
Company VS.. Suffolk Lumber Company.
claw and Equity Court city of Norfolk)
Writ of error refused.
National Valley Bank VS.. Clayton and
ais Circuit Court of Bedford county,
Appeal refused.
KEENAN, vs. Commonwealth. County
Court of Clarke county) Writ of error
refused.
REYNOLDS VS.. Commonwealth. From the
County Court of Pittsylvania. The ac-
cused was indicted and prosecuted for
felony. of which the court has original
Jurisdiction, and although the jury by
their verdict found the accused not guilty
of an assault and battery, a component
part Of the offence charged, yet the court
having properly acquired cognizance OF
the offence charged. we are of the opinion
that IL was not ousted OF It's jurisdiction
to render judgment on the verdict finding
him guilty of the misdemeanor. which
was Included within the felony for which
he was indicted and tried. The writ of
error is denied.
Rosenbaum's Executor VS.. Seldom. Ar
gued by H. G. Cannon. Esq, for plain
tin in error and Hill Carter and +. w.
Christian. Esqs. for defendant in error,
and continued until to-day