First Virginia Bank v. Sutherland

The issue in this case is whether the charges of William E. Sutherland, Jr., trading as Groveton Arco, for towing and storing a motor vehicle are superior in dignity, by virtue of Code §§ 46.1-2 and 46.1-3, to the express lien of First Virginia Bank, created by Code § 46.1-73. The court below ruled that Sutherland’s charges were superior, and the bank appealed.

On July 25, 1973, Warren Preston, Jr. purchased from Brown Pontiac, Inc. a Pontiac automobile on an installment contract financed by the First Virginia Bank. For some reason not fully explained in the record, the Division of Motor…