Neale v. Utz
Supreme Court of Virginia
In October, 1876, Win. T. Neale and Jno. E. Warberton filed their bill in the circuit court of King William county, in which they state that on the 18th of November, 1873, Wilton S. Lipscomb was found guilty of a felony and sentenced by the court to imprisonment in the penitentiary of the State for one year.
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In October, 1876, Win. T. Neale and Jno. E. Warberton filed their bill in the circuit court of King William county, in which they state that on the 18th of November, 1873, Wilton S. Lipscomb was found guilty of a felony and sentenced by the court to imprisonment in the penitentiary of the State for one year. That on the same day and after said sentence, one David Utz sued out of the clerk’s office of the court a writ in a common law suit in debt against the said Lipscomb, which was served after the said sentence. That on its return to the clerk’s office a common order was at the first rules…
1Opinion of the CourtStaples, J.
The appellant Neale is the purchaser of a tract of land subject, to the lien of the appellee’s judgment. The object of the bill is to vacate that judgment upon the ground that it was recovered whilst the debtor was under confinement in the penitentiary upon a conviction of felony. The appellant admits that he purchased the land with notice of the judgment.
It may be that if, as he claims, the judgment is utterly void, he, as such a purchaser, has the right to have it so declared, and thus have removed out of his way a cloud upon the title. For it is well settled a void judgment may be assailed…
2Cases cited1 opinion
- Cox v. Thomas' Adm'xSupreme Court of Virginia · 1852
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- Mullan's Adm'r v. CarperWest Virginia Supreme Court · 1892
- Beck v. Semones' AdministratorSupreme Court of Virginia · 1926
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