Reed v. Union Rank of Winchester
Supreme Court of Virginia
This was a suit in equity in the corporation court of Winchester, brought in November, 1876, by the Union Rank of Winchester, suing for itself and such other lien creditors of M. Tilden Reed as will come in, &c. The bill set out three judgments recovered by the plaintiffs against Reed; that an execution on one of them had been returned “no effects;” that Reed had no personal property, but that he owned a house and a lot in the city of Winchester.
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This was a suit in equity in the corporation court of Winchester, brought in November, 1876, by the Union Rank of Winchester, suing for itself and such other lien creditors of M. Tilden Reed as will come in, &c. The bill set out three judgments recovered by the plaintiffs against Reed; that an execution on one of them had been returned “no effects;” that Reed had no personal property, but that he owned a house and a lot in the city of Winchester. Several persons having liens on the property are made defendants, and the prayer of the bill is for an account of the liens and their priorities,…
1Opinion of the CourtChristian, J.
The appellant, M. T. Eeed, was the maker of a number of negotiable notes, part of which were discounted by the Union Bank of Winchester, and others by the Shenandoah National Bank of Winchester. Each of these notes contains the following stipulations: “And we, the drawer and endorser, each hereby waive the benefit of our homestead exemption as to this debt.”
Upon these notes judgments were obtained, and a bill was filed by the judgment creditors to subject the real *721«state of said Reed to the payment of these judgments, In this suit Mrs. Susan A. Reed, wife of the defendant, M. T. Reed, filed…
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