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If a gift thus evidenced cannot pass the right; did the possession of Johnson previous to the execution of the deed not vest the title in him? Did it continue 5 years was it adverse to Victor. That the possession to give a title should be adverse, vid: Boatright vs Miggs. 4.Mu:145. Garland vs Enos 4 Mu 504. Givens vs Mann 6.Mun 191. The affiant Johnson states that the gift was to Lucy the daughter of the grantor; is this not entirely reconcilable with the disposition of the trust deed. Johnson's signature to the trust deed is an acknowledgement that the gift at the time of the marriage was not absolute, & was a dereliction of all claim under it. He had afterwards a title but as trustee; & could convey no better title than he possessed. If embarrassment in his circumstances occasioned a surrender of his rights (if a right he had) creditors alone can complain thereof "In case of fraud in a settlement, some creditor must complain of it, & must state that he is defrauded by it, to obtain the interference of equity, to set the instrument aside [illegible] Jr. 100. Colman vs Croker (this book I have not been able to attain, but if the point is material, the authority shall be produced tomorrow, if it can be gotten in Lynchburg)
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If a gift thus evidenced cannot pass the right; did the possession of Johnson previous to the execution of the deed vest the title in him? Did it continue 5 years, was it adverse to Victor. That the possession to give a title should be adverse, vid: Boatright vs Meggs. 4.Mu:145. Garland vs Enos 4 Mu 504. Givens vs Manns 6.Mun 191. The affiant Johnson states that the gift was to Lucy the daughter of the grantor; is this not entirely reconcilable with the disposition of the trust deed. Johnson's signature to the trust deed is an acknowledgement that the gift at the time of the marriage was not absolute, & was a dereliction of all claim under it. He had afterwards a title but as trustee; & could convey no better title than he possessed. If embarrassment in his circumstances occasioned a surrender of his rights (if a right he had) creditors alone can complain thereof"In case of fraud in a settlement, some creditor must complain of it, & must state that he is defrauded by it, to obtain the interference of equity, to set the instrument aside Nrs. Jr. 100. Colman vs Croker (This book, I have not been able to obtain, but if the point is material, the authority shall be produced to-morrow, if it can be gotten in Lynchburg) It will be further observed that independent of the consideration before set forth the fact of possession had been accountable
 
 
It will be further observed that independent of the [consideration?] before set forth the part of possession
 

Revision as of 10:46, 5 August 2021

If a gift thus evidenced cannot pass the right; did the possession of Johnson previous to the execution of the deed vest the title in him? Did it continue 5 years, was it adverse to Victor. That the possession to give a title should be adverse, vid: Boatright vs Meggs. 4.Mu:145. Garland vs Enos 4 Mu 504. Givens vs Manns 6.Mun 191. The affiant Johnson states that the gift was to Lucy the daughter of the grantor; is this not entirely reconcilable with the disposition of the trust deed. Johnson's signature to the trust deed is an acknowledgement that the gift at the time of the marriage was not absolute, & was a dereliction of all claim under it. He had afterwards a title but as trustee; & could convey no better title than he possessed. If embarrassment in his circumstances occasioned a surrender of his rights (if a right he had) creditors alone can complain thereof. "In case of fraud in a settlement, some creditor must complain of it, & must state that he is defrauded by it, to obtain the interference of equity, to set the instrument aside Nrs. Jr. 100. Colman vs Croker (This book, I have not been able to obtain, but if the point is material, the authority shall be produced to-morrow, if it can be gotten in Lynchburg) It will be further observed that independent of the consideration before set forth the fact of possession had been accountable