Kiser v. Hensley
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Russell county, in a proceeding' by motion for a judgment for money upon a forthcoming bond.
1Opinion of the CourtPrentis, J.
This case is the sequel to Fields-Watkins Co. v. Hensley, 117 Va. 661, 86 S. E. 113. It was there decided that where an execution is levied on property in the possession of the execution debtor and the property is claimed by another, it is necessary under the provisions of section 3001 of the Code, not only for the claimant to execute a suspending bond, but also within thirty days after the *538execution of such bond to institute proceedings provided for by statute to settle the title to the property levied on, and that, upon his failure to do so within that period, the property is conclusively…
2Cases cited11 opinions
- Booth v. AblemanWisconsin Supreme Court · 1865
- Hall v. WadsworthWest Virginia Supreme Court · 1891
- Bleiler v. MooreWisconsin Supreme Court · 1894
- Dodge v. ChandlerSupreme Court of Minnesota · 1868
- Larabee v. CookCourt of Appeals of Kansas · 1899
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3Cited by4 opinions
- Moore v. Aetna Casualty & Surety Co.Supreme Court of Virginia · 1930
- Barbuto v. Southern BankSupreme Court of Virginia · 1986
- First American Title Ins. v. Western Sur.Supreme Court of Virginia · 2012
- Boswell v. LipscombSupreme Court of Virginia · 1941