1909

Justice v. Ga. Indus. Realty Co.

Supreme Court of Virginia

109 Va. 366, 63 S.E. 1084

Widow filed bill of complaint alleging that shipbuilding company had tried and failed to purchase an island in the James River from her late husband, in which she had gained a dower interest. Complaint further stated that company then colluded with City of Richmond officials to condemn the property for a public use. After court entered the order of condemnation, City sold it to shipbuilder, who then sold it to Realty Company. Widow averred this deliberate subterfuge was a fraud on the court. Trial court dismissed on demurrer and Supreme Court reversed and remanded. Fraud will vitiate any transaction and an asserted title to property founded on fraud was void. Private property could not be taken for private use. The allegations were sufficient to survive demurrer.

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