Peters v. Bain, 133 U.S. 670 (1890)
U.S. Supreme CourtPeters v. Bain, 133 U.S. 670 (1890)
Peters v. Bain
Nos. 87, 198
Argued November 7-8, 1889
Decided March 3, 1890
133 U.S. 670
APPEALS FROM THE CIRCUIT COURT OF THE UNITED
STATES FOR THE EASTERN DISTRICT OF VIRGINIA
This Court accepts the construction given to a state statute against fraudulent conveyances by the highest court of the state as controlling.
It is settled law in Virginia that an assignment by a debtor for the benefit of creditors will not be declared void as given "with intent to delay, hinder or defraud creditors, purchasers," etc., unless such an inference is so irresistible as to preclude any other; that the fact that creditors may be delayed or hindered is not, of itself, sufficient to vacate the instrument, and that one creditor may be preferred over another.