Arnott v. Nicholls
General Court of Virginia
Motion to quash the return made upon a writ of fieri facias. At September term 1802, the plaintiffs obtained a judgment in this court against the defendant, with an agreement to stay execution thereon until September term 1803. On the'28th of August 1803, the defendant conveyed a parcel of'land to Thomas Goldsborongh, by deed bona fide, and for a valuable consideration.
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Motion to quash the return made upon a writ of fieri facias. At September term 1802, the plaintiffs obtained a judgment in this court against the defendant, with an agreement to stay execution thereon until September term 1803. On the'28th of August 1803, the defendant conveyed a parcel of'land to Thomas Goldsborongh, by deed bona fide, and for a valuable consideration. On the 28th of February 1804, the writ of fieri facias in this case issued on the plaintiffs5 judgment against the lands, &c. of the defendant, and was laid in part on the land so conveyed to Goldsborongh, on whose-behalf this…
1Opinion of the Court
Chase, Ch. J.
The return toth o, her i fiadas, must-be quashed, so far as it respects the land sold and conveyed by the defendant to' Thomas Goldsborough, no-fraud or collusion in the sale to him having been alleged.
The terre-tenant should have an opportunity to relieve himself, and to bring in the other terre-fenants —-Hence the. necessity of a scire facias, that all the terre-tenants may be warned.
On this motion as much may be brought out as in an action of ejectment, and more, as the court have an equitable control*
RetueN quashed.(a)
The decision in this case has been overruled by the Court…
2Cited by3 opinions
- Warfield ex rel. Manro v. BrewerCourt of Appeals of Maryland · 1846
- Daniels v. SolomonCourt of Appeals for the D.C. Circuit · 1897
- Mandeville v. McDonaldU.S. Circuit Court for the District of District of Columbia · 1829