Baird v. Rice
Court of Appeals of Virginia
RICE filed a bill in Chancery in the Borough Court of Norfolk, stating that he was security for' one William Black in a bond to Baird.
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RICE filed a bill in Chancery in the Borough Court of Norfolk, stating that he was security for' one William Black in a bond to Baird. That Baird obtained a judgment thereon against the obligors in the Borough Court, and issued an execution ; upon which property belonging to Black was taken and duly advertised by the Sheriff: that Baird attended upon the day of sale; and having received a payment of part of the judgment, directed the Sheriff to restore the property to Black ; who afterwards absconded with all his effects. That Baird had since issued execution against Rice for the balance of…
1Opinion of the Court
ROANE, Judge.
The taken in execution in this case being forbidden to be sold, under an idea of a prior lien, the Sheriff was nevertheless bound to proceed finally in the business, and to make his return upon the execution. Upon the refusal of the appellant to give an indemnity, he might, on application to the Court, have had further time given him to make his return, and in the mean time, have put it upon the parties concerned to litigate their right to the property in question, by filing a bill for that purpose. This is said to be within the power of the Sheriff in such cases in Cowper et al.…
2Cases cited3 opinions
- Williams v. PriceSupreme Court of Virginia · 1817
- Carrington v. AndersonSupreme Court of Virginia · 1816
- Stone v. PointerSupreme Court of Virginia · 1816
3Cited by27 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Walker v. CommonwealthSupreme Court of Virginia · 1867
- Governor v. VanmeterSupreme Court of Virginia · 1837
- One Chrysler Roadster v. CommonwealthSupreme Court of Virginia · 1929
- Naylor v. MoodyIndiana Supreme Court · 1832
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