Wilson v. Jones

Not specified
Decided Circuit Court, W. D. Virginia
Disposition
affirmed
full scope
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Court
Circuit Court, W. D. Virginia
Decided
Judge
PAUL, District Judge
Posture
Creditors' suit seeking to declare deeds null and void as fraudulent conveyances
Plaintiffs/Complainants (creditors) (1)
Wilson et al.
Blair & Blair, T. L. Maggie
v.
Defendants (1)
Jones et al.
Moore & Hill, Pulton & Pulton, J. H. Larew
Other parties: Thomas Jones — Debtor/Defendant, David A. Jones — Son of Thomas Jones, creditor, Mary A. Jones — Wife of Thomas Jones, indorser, J. E. Moore — Trustee, W. H. Aston — Son-in-law of Thomas Jones, grantee, Thomas J. Jones — Son of Thomas Jones, grantee, Archibald Jones — Son of Thomas Jones, grantee

Overview

The validity of the deed of trust of January 11, 1895, conveying the personal property of Thomas Jones to J. E. Moore, trustee, is sustained. The deed from Thomas Jones and wife to W. H. Aston, Thomas J. Jones, and Archibald Jones is set aside and annulled, and a decree is entered for a sale of the property it attempts to convey.

Case summary

This is a creditors' suit brought by Wilson and other creditors against Thomas Jones and others. Thomas Jones, while insolvent and pressed by creditors, executed two deeds on January 11, 1895: (1) a deed of trust securing a $3,465.38 bond to his son David A. Jones for labor services, and (2) a deed conveying a zinc plant worth $30,000 to his sons Thomas J. Jones and Archibald Jones and son-in-law W. H. Aston for $11,000, with no cash paid and based on alleged debts. The master reported both deeds void as fraudulent. The court upheld the deed of trust as valid because the debt was bona fide and Virginia law allows preference of creditors. However, the court voided the deed to the sons and son-in-law as fraudulent due to inadequate consideration, absence of grantees at execution, and as part of a scheme to defeat creditors. The deed of trust is sustained; the deed to the sons and son-in-law is set aside.

Abstract

Creditors sued to set aside two deeds executed by an insolvent debtor: a deed of trust securing a bond for labor services to his son, and a deed conveying a valuable zinc plant to his sons and son-in-law for alleged debts with no cash paid. The court upheld the deed of trust as valid due to the bona fide debt and law permitting creditor preferences, but voided the other deed as fraudulent based on inadequate consideration, absence of grantees, and intent to defeat creditors. The property under the voided deed was ordered sold.

Opinion of the court

Majority
opinion
PAUL, District Judge
  • Debt to David A. Jones was bona fide for services rendered
  • Virginia law allows insolvent debtors to prefer creditors
  • Deed to sons and son-in-law had inadequate consideration and was part of fraudulent scheme
  • Grantees were not purchasers for value without notice

Jurisdiction

not challenged
Subject matter
Creditors' suit involving fraudulent conveyances and preferences under Virginia law
Jurisdictional facts
  • Case involves real and personal property in Pulaski City, Virginia
  • Parties are residents or have property in Western District of Virginia

Procedural posture

Posture at trial
Creditors' suit seeking to declare deeds null and void as fraudulent conveyances
Posture on appeal
Direct appeal from master's report to circuit court
Preserved issues
  • Validity of deed of trust to secure David A. Jones
  • Validity of deed to sons and son-in-law

Legal categories

Business

Case record

Full case name
WILSON et al. v. JONES et al.
Docket number
Not specified
Court
Circuit Court, W. D. Virginia
Trial court
Circuit Court, W. D. Virginia
Trial court judge
PAUL, District Judge
Decided
Opinion author
PAUL, District Judge
Opinion type
published
Precedential status
precedential
Judges on panel
PAUL, District Judge

Issues & holdings

2
Issues raised
1
affirmed
1
reversed
2
Holdings
Standard of review

De novo review of master's report

Disposition rationale

Debt was bona fide for services rendered; no fraudulent intent by David A. Jones; Virginia law allows preference of creditors even with knowledge of insolvency

Preservation

Issue preserved for review

Standard of review

De novo review of master's report

Disposition rationale

Deed was fraudulent: inadequate consideration, grantees not purchasers for value without notice, part of scheme to defeat creditors

Preservation

Issue preserved for review

Holdings of the court

Validity of deed of trust securing David A. Jones
Deed of trust is valid and not fraudulent
Debt was bona fide for services rendered at agreed price when Thomas Jones was solvent; David A. Jones had no fraudulent intent; Virginia law permits insolvent debtors to prefer creditors even if creditor knows of insolvency; fact that part of debt was for services during minority or barred by statute of limitations does not taint transaction
unanimousbinding precedent
Validity of deed to sons and son-in-law
Deed is fraudulent and void
Inadequate consideration (property worth $30,000 conveyed for $11,000); no cash paid; grantees absent and unaware at execution; grantees not purchasers for value without notice; part of scheme by Thomas Jones to defeat creditors; grantees acquiesced in fraud; assumption of debt to Pulaski Land & Improvement Company not in writing as required by statute of frauds
unanimousbinding precedent

Error analysis

  • Master erred in finding deed of trust fraudulent — evidentiary · no error foundNot applicable · not applicable
  • Master erred in finding deed to sons and son-in-law fraudulent — evidentiary · error foundCourt reviewed evidence de novo and found deed fraudulent · not harmless

Statutory interpretation

2
Statute
Virginia Code § 2458 (1887)
Question
Whether deed of trust is fraudulent under statute against fraudulent preferences
Court's reading
Statute does not prohibit insolvent debtor from preferring one creditor over another if debt is bona fide
Canons applied
Plain meaning
Statute
Virginia Code § 2840 (statute of frauds)
Question
Whether assumption of debt by grantees must be in writing
Court's reading
Assumption of debt to Pulaski Land & Improvement Company required writing signed by grantees, which was not done
Canons applied
Plain meaning

Standards of review

  • Validity of deeds as fraudulent conveyances — de novo Court reviews master's report and evidence independently

Timeline

7
Events
1,997
Days, incident to ruling
—
Span
factual eventcited in opinion

David A. Jones begins working on his father Thomas Jones's farm and sawmill at a salary of $700/year, later $800/year

Establishes basis for debt secured by deed of trust

David A. Jones · Thomas Jones
factual eventcited in opinion

Thomas Jones executes bond to David A. Jones for $3,465.38 (though note dated this day, executed January 11)

Creates debt secured by deed of trust

Thomas Jones · David A. Jones
factual eventcited in opinion

Thomas Jones contracts with F. B. Wheeler to sell half interest in zinc plant for $15,000

Shows value of property and Thomas Jones's attempts to dispose of assets

Thomas Jones · F. B. Wheeler
procedural eventcited in opinion

Thomas Jones executes deed of trust to J. E. Moore securing David A. Jones's bond and indemnifying Mary A. Jones, and executes deed conveying zinc plant to sons and son-in-law

Key transactions challenged as fraudulent conveyances

Thomas Jones · J. E. Moore · David A. Jones · Mary A. Jones · W. H. Aston · Thomas J. Jones · Archibald Jones Home of Thomas Jones, Pulaski City, Virginia
procedural eventcited in opinion

Thomas Jones confesses judgments in favor of some creditors

Shows preference of some creditors over others

Thomas Jones · Creditors
factual eventcited in opinion

Thomas J. Jones, W. H. Aston, and Archibald Jones contract with F. B. Wheeler to sell half interest in zinc plant for $15,000

Shows grantees treating property as their own and its true value

Thomas J. Jones · W. H. Aston · Archibald Jones · F. B. Wheeler
procedural eventcited in opinion

Charter granted to Pulaski Smelting Works joint-stock company

Part of scheme to control property while defeating creditors

Thomas Jones · F. B. Wheeler · T. J. Jones · J. R. Miller · A. J. Miller · J. E. Moore

Facts & evidence

Incident

Location
Pulaski City, Virginia

Key facts

7 facts
  1. Thomas Jones was insolvent with liabilities exceeding assets in January 1895
  2. He executed a deed of trust on January 11, 1895, securing a $3,465.38 bond to his son David A. Jones for labor services
  3. He executed a deed on January 11, 1895, conveying real estate (zinc plant) to his sons Thomas J. Jones and Archibald Jones and son-in-law W. H. Aston for $11,000
  4. The grantees were absent and unaware of the deed at execution, later assenting verbally
  5. No cash was paid; consideration was based on alleged debts and assumption of a $5,500 debt to Pulaski Land & Improvement Company
  6. Property was worth $30,000 but conveyed for $11,000
  7. Thomas Jones had contracted to sell half the property to F. B. Wheeler for $15,000 on January 3, 1895

Disputed questions

  • Whether deed of trust to David A. Jones was fraudulent
  • Whether deed to sons and son-in-law was fraudulent
  • Adequacy of consideration for the deeds
  • Knowledge and intent of grantees

Procedural history

4 steps
  1. Creditors filed suit to declare deeds null and void
  2. Case referred to master who reported both deeds void except as to Mary A. Jones
  3. Exceptions taken to master's report
  4. Court heard evidence and arguments

Evidence in the record

Direct
  • Account filed by David A. Jones showing debt of $3,465.38
  • Deed of trust and deed to sons and son-in-law
Testimonial
  • Depositions of David A. Jones, Archibald Jones, W. H. Aston, J. R. Miller
Documentary
  • Deeds, contracts with F. B. Wheeler, charter application
  • Account books
Circumstantial
  • Thomas Jones's insolvency
  • Value of property vs. consideration
  • Absence of grantees at execution
Challenged
  • Evidence type: Deed of trust securing David A. Jones · Challenge basis: Fraudulent conveyance · Trial court ruling: admitted · Reasoning: Master reported it void; court found it valid · Challenged on appeal: true · Appellate outcome: affirmed
  • Evidence type: Deed to sons and son-in-law · Challenge basis: Fraudulent conveyance · Trial court ruling: admitted · Reasoning: Master reported it void; court found it fraudulent · Challenged on appeal: true · Appellate outcome: reversed

Objects of relevance

Zinc plant (Pulaski Smelting Works)Personal property (farm equipment, livestock)

Authorities

Cited authorities (3)

Dance v. Seaman, 11 Grat. 782
followedprecedent
Cited for principle that conveyance hindering creditors is not void absent fraudulent intent
1 Minor, Inst. (4th Ed.) 430
appliedpersuasive
Cited for father's right to release minor son's services and contract to pay for labor
1 Pars. Cont. (6th Ed.) 309
appliedpersuasive
Cited for father's right to contract with minor son for labor

Statutes

  • Virginia Code § 2458 (fraudulent preferences)
  • Virginia Code § 2840 (statute of frauds)

Standards & doctrines

  • Preference of creditors doctrine under Virginia law
  • Purchaser for value without notice doctrine

Legal principles applied

  • Virginia law allows preference of creditors even with knowledge of insolvency
  • Grantees must be purchasers for value without notice to avoid fraudulent conveyance
Index terms67
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Judges
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Procedural terms
Substantive offenses
Entities and documentation
Legal actions
Action type
affirmed
Target
Master's report on deed of trust
Context
Court affirms validity of deed of trust securing David A. Jones's debt
Scope
full
Action type
reversed
Target
Master's report on deed to sons and son-in-law
Context
Court reverses and finds deed fraudulent and void
Scope
full
Further instructions
Deed set aside and property ordered sold
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