Hicks v. Riddick
Supreme Court of Virginia
This was an attachment in equity in the circuit court of Mecklenburg county, brought in March 1873 by John R. Hicks against C. B. Riddick, J. A. Moss and others. The plaintiff charged in his bill, that Riddick, who lived in North Carolina, was indebted to him by bond in the sum of $4,000; that he owned a house and lot in Clarkesville, in the said county, which he prayed might be subjected to pay his debt, and that J. A. Moss was in possession of the property.
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This was an attachment in equity in the circuit court of Mecklenburg county, brought in March 1873 by John R. Hicks against C. B. Riddick, J. A. Moss and others. The plaintiff charged in his bill, that Riddick, who lived in North Carolina, was indebted to him by bond in the sum of $4,000; that he owned a house and lot in Clarkesville, in the said county, which he prayed might be subjected to pay his debt, and that J. A. Moss was in possession of the property. Moss answered, denying that Riddick had any interest in the property, and alleging that he had in 1863 purchased the property, and had…
1Opinion of the CourtStaples, J.
The question presented in this case is substantially the same as that just decided. The only difference is, that here the lien asserted is under an attachment sued out against the debtor as a non-resident. It is claimed that this lien binds the property-in the possession of a bona fide purchaser where title is derived from a parol contract with the debtor long-before the lien of the attachment commenced. There is no conflict of testimony in respect to the terms of *421ihe contract, and the payment of the purchase money in manufactured tobacco, as agreed by the parties, and the delivery of the…
2Cited by1 opinion
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