86 Va. 592 | Va. | 1890
delivered the opinion of the court.
This suit was brought to have a certain deed, made by one H. J. Parrish to his brother, T. J. Parrish, on the 17th of
Kow, regarding these facts as established by the record, we deem it unnecessary to go into a critical and detailed examination of the evidence, and we shall content ourselves with saying that we are unable to perceive anything in the argument for the appellant, ingenious and able as it is, to overcome the apparent bona fides of the transaction, and to stamp it as fraudulent and void. The argument- for the appellant of necessity rests mainly upon eertaiu discrepancies, or, as they are called, “ contradictions,” between the depositions and answers of the brothers, who are testifying as to transactions which occurred fourteen years ago. Admitting that these discrepancies do exist, yet they are not upon the material points of the case, and cannot overthrow the positive testimony of the brothers and their witnesses upon such points. What has been done, taken in connection with the well-established facts of the case, is more consistent with good than bad faith in the execution of the deed, and it should therefore be sustained.
This view of the case renders it unnecessary for us to consider whether the appellant has not lost his remedy, if fraud had been established, by his failure to pursue Kennedy. Baylies, Sur., 481; Colgrove v. Tallman, 67 N. Y., 95; Bell v. Hall, 5 N. J. Eq., 477; Wilde v. Jenkins, 4 Paige, 481; Smith v. Shel
The decree appealed from is right, and must be affirmed.
Decree aeeirmed,