Garrett v. Hughlett

General Court of Virginia

Garrett v. Hughlett

1 H. & J. 3

DecidedApril 15, 1800

StatusPublished

This text of 1 H. & J. 3 (Garrett v. Hughlett) is published on Counsel Stack Legal Research, covering General Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Garrett v. Hughlett, 1 H. & J. 3 (Va. Super. Ct. 1800).

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Opinion

[4]*4The Court were of opinion, that such a bill of salo might be deemed fraudulent from other circumstances than the continuance of possession. The act of assembly, by requiring the bill of sale to be acknowledged and recorded within a limited time, intended by those circumstances of notoriety to take off the presumption of fraud arising from the vendor’s continuing in possession. But if there were other circumstances attending the transaction, which tended to shew it fraudulent, those circumstances might be given in evidence.

The court were also of opinion that the distress was illegal. . Yerdict for the defendant.

N. B. This seems to be a judicial decision, that the abovementioned statute of 2 W. & M. sess. 1, ch. 5, is in force in this state.

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[4]*4The Court were of opinion, that such a bill of salo might be deemed fraudulent from other circumstances than the continuance of possession. The act of assembly, by requiring the bill of sale to be acknowledged and recorded within a limited time, intended by those circumstances of notoriety to take off the presumption of fraud arising from the vendor’s continuing in possession. But if there were other circumstances attending the transaction, which tended to shew it fraudulent, those circumstances might be given in evidence.

The court were also of opinion that the distress was illegal. . Yerdict for the defendant.

N. B. This seems to be a judicial decision, that the abovementioned statute of 2 W. & M. sess. 1, ch. 5, is in force in this state.

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Bluebook (online)

1 H. & J. 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrett-v-hughlett-vagensess-1800.