Whitten v. Saunders
Supreme Court of Virginia
This was a suit in equity in the circuit court of Bedford county, brought in July, 1876, by B. S. Saunders, late sheriff of said county, and as such administrator de bonis non with the will annexed of Martha Layne, deceased, against Jesse T. Hopkins, Francis E. Hopkins, Beverly E. Jeter, O. P. Bell, Abraham Haldron, Elisha Whitten, H. H. Chilton, David Gish and E. P. Pace, to subject certain real estate of the defendants to the satisfaction of the complainant’s judgment…
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This was a suit in equity in the circuit court of Bedford county, brought in July, 1876, by B. S. Saunders, late sheriff of said county, and as such administrator de bonis non with the will annexed of Martha Layne, deceased, against Jesse T. Hopkins, Francis E. Hopkins, Beverly E. Jeter, O. P. Bell, Abraham Haldron, Elisha Whitten, H. H. Chilton, David Gish and E. P. Pace, to subject certain real estate of the defendants to the satisfaction of the complainant’s judgment against said Jesse T. Hopkins. The bill alleges that in .the year 1857 Henry Terry, late of said county, sold to said Jesse…
1Opinion of the CourtStaples, J.
The law is now well settled that where land which is subject to the lien of a judgment or other incumbrance, is sold in parcels to different persons by successive alienations, it is chargeable in the hands of the purchaser in the inverse order of such alienations.
This rule is not only established by the decisions of *568courts of equity, but in Virginia it is prescribed by statute (Harman and als. v. Oberdorfer and als., 33 Gratt. 497, and cases there cited). It is said, however, that this principle cannot be applied in the present case, because Francis E. Hopkins, one of the alienees of Jesse…
2Cited by18 opinions
- Hutcheson v. Savings Bank of RichmondSupreme Court of Virginia · 1921
- Schaefer v. WunderleIllinois Supreme Court · 1895
- Missouri-Kansas Pipe Line Co. v. WarrickSupreme Court of Delaware · 1938
- Trevelyan's Adm'r v. LofftSupreme Court of Virginia · 1887
- Peatross v. GraySupreme Court of Virginia · 1943
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