Hatton v. Markham

By Judge Herbert C. Gill, Jr.

The Court has reviewed the memoranda submitted, as well as the facts of this case. The facts appear to be undisputed. Most of the law of the cases appears to be undisputed. The sole legal issue in controversy appears to be whether the legal rate of interest runs against all of the principal balance owed or only one-half in order to coincide with the limited interest of the plaintiff.

Section 8.01-358 of the 1950 Code of Virginia (as amended) seems to be dispositive of this question. The lien attaches as to the equity on the date of bankruptcy, plus accrued interest…