The Encyclopedic Digest of Virginia and West Virginia Reports; Being a Complete Encyclopedia and Digest of All Virginia and West Virginia Case Law Up to and Including Volume 103 Virginia Reports and Volume 55 West Virginia Reports Volume 8

The Encyclopedic Digest of Virginia and West Virginia Reports; Being a Complete Encyclopedia and Digest of All Virginia and West Virginia Case Law Up to and Including Volume 103 Virginia Reports and Volume 55 West Virginia Reports Volume 8

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...payment of his debt. Suckley v. Rntchford, 12 Gratt. 60. On the 5th day of May, 1874, C. conveys his property to B., who on the same day conveyed it to E., the wife of C. On March 20, 1875, a deed of trust on a part of the land so conveyed, executed by C. and wife to secure a debt to M., is recorded; on the 30th day of March another deed, f trust on the same land to secure a debt to B. is recorded; and on July 8, 1876, another deed of trust on the same land to secure a debt to Bowles is recorded. Judgments were recovered against C. as follows: One on the 29th day of October, 1875: another on the 19th day of November, 1875, and a third on the 28th day of November. 1870. It does not appear whether the judgments were docketed. Held, whether docketed or not, all the personal property, if any, not included in the deeds of trust and all the real estate not included in such trust should first be sold to pay said judgments in the order they were rendered. Duncan v. Custard. 24 W. Va. 730, citing Renick v. Ludington. 14 W. Va. 367. j. Inverse Order of Alienation. Prior to Statute.--The first case dealing with this question held, that where a judgment is obtained against a I debtor, and then the debtor aliens to I divers alienees by divers conveyances. all the debtor's lands in the hands of his several alienees, are alike liable to the judgment creditor, and the lands in the hands of the several alienees must contribute pro rata to satisfy the judgment. Beverley v. Brooke, 2 Leigh 425. But later cases review the decision in Beverley v. Brooke, 2 Leigh 425, on this point and expressly overrule it, or refer to it as overruled. And the rule established in both Virginia and West Virginia now is, that where land which is subject to a lien of a judgment, ...show more

Product details

  • Paperback | 540 pages
  • 189 x 246 x 28mm | 953g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236919483
  • 9781236919489