Legal Opinion

James's v. Life

Supreme Court of Virginia

Decided March 19, 1896PublishedCited by 10 opinions

Appeal from a decree of the Circuit Court of Pittsylvania county, pronounced December 1, 1892, in a suit in chancery, wherein the appellee was the complainant, and the appellants were the defendants.

1Opinion of the CourtCardwell, J.

This is an appeal from a decree of the Circuit Court of Pittsylvania county, and the first question presented is whether a judgment-lien creditor can maintain his suit in a court of equity to subject the real estate of his deceased debtor until he has revived his judgment at law against the personal representative.

The bill in this case was filed February 17,1890, by Samuel Life, on behalf of himself and all other creditors of John C. James, deceased, who would come in and make themselves parties to the suit upon the usual terms. The bill sets forth that the plaintiff, on June 3, 1870,…

2Cases cited4 opinions

  1. Hutcheson v. GrubbsSupreme Court of Virginia · 1885
  2. Foster's curator v. RisonSupreme Court of Virginia · 1867
  3. Suckley's Adm'r v. RotchfordSupreme Court of Virginia · 1855
  4. Bank of the Old Dominion v. AllenSupreme Court of Virginia · 1882

3Cited by10 opinions

  1. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
  2. Rich v. CooperNebraska Supreme Court · 1939
  3. Barley v. DuncanSupreme Court of Virginia · 1941
  4. Maness v. Tidewater Sand Co.Supreme Court of Virginia · 1980
  5. Paine v. TutwilerSupreme Court of Virginia · 1876

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