Hay v. Alexandria & W. R.
U.S. Circuit Court for the District of Eastern Virginia
In chancery. The complainant [Alexander Hay] had purchased sundry judgments, which were all that were outstanding, against the defendant company [the Alexandria & Washington Railroad Company], which were duly recorded on the judgment docket in the proper clerk’s office designated by the laws of Virginia. These judgments were superior to a deed of trust subsequently executed upon the property of the company.
Read the full summary
In chancery. The complainant [Alexander Hay] had purchased sundry judgments, which were all that were outstanding, against the defendant company [the Alexandria & Washington Railroad Company], which were duly recorded on the judgment docket in the proper clerk’s office designated by the laws of Virginia. These judgments were superior to a deed of trust subsequently executed upon the property of the company. With the purpose of reorganizing the company on a new basis, the complainant afterwards purchased all its property at a sale made by the trustees under the deed of trust. Having thus…
1Opinion of the Court
HUGHES, District Judge.
The only remedies at law are, action upon the judgment, scire facias to revive the judgment issuing execution thereon, and motion to set aside the satisfaction. In regard to the first three remedies, the plaintiff would be met with the record of satisfaction, and this being a matter of record could not be avoided by pleading at law. “There can be no averment in pleading against the validity of -a record, though there may be against its operation.” Chit. Pl. 481, 354; Biddle v. Wilkins, 1 Pet. [26 U. S.] 692. It needs no citations of authority to support the proposition,…
2Cases cited3 opinions
- Bebee v. President, Directors & Co.New York Supreme Court · 1806
- Wardell v. EdenNew York Supreme Court · 1800
- Hay v. Alexandria & W. R.U.S. Circuit Court for the District of Eastern Virginia · 1884
3Cited by1 opinion
- Gowdy v. GreenU.S. Circuit Court for the District of South Carolina · 1895