Legal Opinion

Arnott v. Nicholls

General Court of Virginia

Decided April 15, 1804PublishedCited by 3 opinions

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

  1. Warfield ex rel. Manro v. BrewerCourt of Appeals of Maryland · 1846
  2. Daniels v. SolomonCourt of Appeals for the D.C. Circuit · 1897
  3. Mandeville v. McDonaldU.S. Circuit Court for the District of District of Columbia · 1829

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