Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 50

Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 50

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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. 1902 edition. Excerpt: ...suit may be brought to enforce that lien notwithstanding the death of a party, either party, may have suspended right of execution upon the judgment until revival. Burbridge v. Higgins, 6 Grat. 120. This lien is a legal lien, born alone of the judgment, not of an execution, a lien independent of any execution, the only eflieacy of an execution being to keep it alive. If it is capable of execution, or may be revived by sci fa, the lien may be enforced on land in equity, not because of an execution, but without execution, the lien of the judgment on the land being one thing, the lien of an execution on personalty being another thing--just as distinct from each other as is the personal debt of a note secured by deed of trust on land and the lien of that deed on the land. 2 Minor Ins. 31-1. Who will deny that a suit in equity might be instituted without any execution at all if the judgment is not barred? Until the late statute requiring the issue of an execution preliminary to a chancery suit upon a judgment, such chancery suit could have been maintained without any execution. Marling v. Robrecht, 13 W. Va. 440, and now under Code 1899, chapter 139, section '7, surely-such chancery suit may be brought without such execution upon a judgment two years old. Dunfee v. Childs, 45 W. Va._ 156. These considerations supplement the argument that the lien of a judgment is separate from and independent of any execution, and that that lien rests on the judgment alone. Notwithstanding death of parties, such suit may be brought in the name of their personal representatives, even though the judgment be suspended by death. The chancery suit gives the representative parties opportunity to make any defense. This is so as to the original parties, their more

Product details

  • Paperback | 280 pages
  • 189 x 246 x 15mm | 503g
  • United States
  • English
  • black & white illustrations
  • 1236922697
  • 9781236922694