Charron v. Boswell
Supreme Court of Virginia
This was a bill filed in the Circuit Court of the city of Richmond by Boswell & Dorsett against J. B. Charron & Co. and others.
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This was a bill filed in the Circuit Court of the city of Richmond by Boswell & Dorsett against J. B. Charron & Co. and others. This case involves a contest between execution creditors of a common debtor for priority of satisfaction out of the proceeds of a chose in action of the debtor, on which both of the contestants claim a lien under chapter 188, sec. 3 *of the Code, page 777. The appellees Boswell & Dorsett obtained a judgment against the common debtor Winch in the Hustings Court of the city of Richmond, on the 4th of April, 1866, for $626.94, with interests and costs as therein…
1Opinion of the Court
MONCURB, P.,
after stating the case, proceeded:
The question we have to decide on this appeal is, which of the contesting claimants are entitled to priority, the senior or the junior execution creditors.
In the first place, I think a court of equity has jurisdiction of the case. The controversy might, no doubt, have been raised and decided in the suggestion proceeding, upon a petition filed by the senior execution creditors, even after the order of the second day of July, 1866, was made. But the subject can as well, if not better, be disposed of in a chancery proceeding, such as was instituted…
2Cited by13 opinions
- Hicks v. Roanoke Brick Co.Supreme Court of Virginia · 1897
- Grandstaff v. Ridgely, Hampton & Co.Supreme Court of Virginia · 1878
- Grandstaff v. Ridgely, Hampton & Co.Supreme Court of Virginia · 1878
- Lancaster v. WilsonSupreme Court of Virginia · 1876
- Lancaster v. WilsonSupreme Court of Virginia · 1876
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