Cases Decided in the Supreme Court of Appeals of Virginia Volume 22
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1823 edition. Excerpt: ...John Taliaferro has done any thing that considering the relation in which he stood to the parties, he ought not to have done. We perceive nothing that is calculated to cast a shade on his character; nothing to impeach his conduct as a man, or his credit as a witness. The court is of opinion, that the testimony in the cause shows that Alexander received valuable consideration, full and adequate, for all the property conveyed by the deed of the r0th of October, 1802; and that that deed, therefore, stands discharged from every imputation of fraud. Secondly. As to the deedibearing date the 16th De-1399 December. cember, 1804. The considerations expressed are H natu-, -, ral loveiand affection," and " five pounds." What has Ha1'v;',&c. been said, therefore, with respect to the deed of 1802, as Alexander, to the propriety of admitting proof of farther consideration M' than that expressed, applies with equal force to the deed of 1804. The considerations proved, are the release of Mrs. Alexander's right to all future support from her husband; the relinquishment of her right of dower in all her husband's real estate;_and the excess of the value of the property, which Mrs. Alexander once held, but which was sold by Alexander, over the value of the property previously settled on her; a portion of this-property, however, being personal, had, by the marriage become Alexander's, subject to his disposal and liable to his debts; it ought, therefore, to be excluded in estimating the amount of the valuable consideration of the deed of 1804. And even when excluded, 'the court is by no means certain that the valuable consideration was not full and adequate. Admit, however. that they were not full and adequate, it...
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- 13 Sep 2013
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