Cash v. Humphreys
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Bedford county, pronounced October 25, 1899, in a suit in chancery, wherein the appellee was the complainant, and the appellant and others were the defendants. This suit was brought to enforce the lien of a judgment amounting to less than $500. The judgment was against J. E. McGrath.
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Appeal from a decree of the Circuit Court of Bedford county, pronounced October 25, 1899, in a suit in chancery, wherein the appellee was the complainant, and the appellant and others were the defendants. This suit was brought to enforce the lien of a judgment amounting to less than $500. The judgment was against J. E. McGrath. At the date of the judgment he owned no real estate, but subsequently the legal 'title to the land in controversy was conveyed to him, under such circumstances, as claimed by the appellant, that it vested no beneficial interest or estate in him. The appellant claimed…
1Opinion of the CourtBuchanan, J.
This is a suit by a judgment creditor to subject certain land in the bill and proceedings mentioned to the payment of his judgment, which, with its interest and costs at law, is less than $500.
The decree appealed from held that the land was liable in the hands of the appellant, the present owner of the land, although she is not the judgment debtor.
The appellant’s contention is that the matter in controversy is not the amount or validity of the judgment, but the right to subject the land to its payment, and therefore the real controversy is as to the ownership or the title to the property.…
2Cases cited5 opinions
- Fink, Brother & Co. v. DennySupreme Court of Virginia · 1881
- Hawkins v. GreshamSupreme Court of Virginia · 1888
- Smith v. RosenheimSupreme Court of Virginia · 1884
- Patteson v. McKinneySupreme Court of Virginia · 1892
- Cook v. BondurantSupreme Court of Virginia · 1888
3Cited by2 opinions
- Steinman v. Clinchfield Coal Corp.Court of Appeals of Virginia · 1917
- Cook v. DaughertySupreme Court of Virginia · 1901