43 W. Va. 762 | W. Va. | 1897
Hoffman obtained a judgment against. J. M. Lake, James B. Fleming, and others, and sued out an execution, which was levied upon some personal property of J. M. Lake, the principal debtor. Fleming and his wife conveyed a tract of land to his brother-in-law, Marshall B. Lake, seven clays after the execution of the note on which the judgment. was based; and, three days later, Marshall B. Lake conveyed it to the wife of James B. Fleming. Afterwards a dwelling house was erected upon this land with means of the wife. Later, Hoffman brought this chancery suit, to set aside the conveyance from Fleming to Lake, and from Lake to Mrs. Fleming, alleging them to be fraudulent, because intended to defraud him of his debt, and claiming also that, as means of Fleming had erected the dwelling house upon the land, lie- could, on that score alone, subject the property to his debt. A decree was entered, finding that sufficient means of Fleming had been expended in the erection of the dwelling house to pay Hoffman’s debt, and subjecting the land therefor; and Fleming and his wife appealed from that decree.
It is shown that personal property of the principal debtor was levied upon, of value sufficient to discharge the plaintiff’s debt. It does not appear that it was sold, or what became of it; but the law says that a levy of an execution upon the debtor’s property of value sufficient to pay the debt, is a satisfaction of it, unless circumstances
Reversed.