Legal Opinion

Davidson v. Clayland

General Court of Virginia

Decided April 15, 1805PublishedCited by 6 opinions

Attachment on a judgment rendered ir his court. It appears bv the pleadings in this caso, that the Mate of Maryland commenced suits in this court o.n two bonds against Blake, (being bonds by him executed for the performance of the duties of sheriff) the first on the 19th of Juiy 1797, and the second on the 2d of July 1798. In the first action judgment was obtained on the second Tuesday of September 1799, ami in the second action judgment was obtained on the second Tuesday of…

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Attachment on a judgment rendered ir his court. It appears bv the pleadings in this caso, that the Mate of Maryland commenced suits in this court o.n two bonds against Blake, (being bonds by him executed for the performance of the duties of sheriff) the first on the 19th of Juiy 1797, and the second on the 2d of July 1798. In the first action judgment was obtained on the second Tuesday of September 1799, ami in the second action judgment was obtained on the second Tuesday of September 1800. On the first judgment the state sued out a writ of fieri facias on the 22d of August 1800, which was…

1Opinion of the Court

Chase, Ch. J.

The question to be decided by the court is, whether the state is entitled to a preference?

The Court are of opinion, that the act of March 1778, ch. 9, fully embraces this case.

The sixth section of that act renders all lands and tenements, belonging to amj public debtor of the state, liable to execution from the commencement of the suit of the state, in whatever hands or possession they may he found. The words of this clause are plain and comprehensive, including within it every debtor to the *550slate without distinction, r.*id without regard to the manner in which he became indebted.

2Cited by6 opinions

  1. United States Fidelity & Guaranty Co. v. RaineyTennessee Supreme Court · 1907
  2. State v. WilliamsCourt of Appeals of Maryland · 1905
  3. Ghingher v. PearsonCourt of Appeals of Maryland · 1933
  4. Coombs v. JordanHigh Court of Chancery of Maryland · 1810
  5. Jones v. JonesHigh Court of Chancery of Maryland · 1827

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