Legal Opinion

Evans v. Greenhow

Supreme Court of Virginia

Decided April 15, 1859Published

Thomas Crouch, claiming to be the creditor of George Ives deceased, for money-paid as a joint surety with him, in March 1854 filed his bill in the Circuit court of the city of Richmond, against the administrator and heirs of Ives, and a former guardian of the heirs, seeking to subject a lot in the city which was a part of Ives’ estate, and also to have anjT money in the hands of the former guardian applied to the payment of the debt.

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Thomas Crouch, claiming to be the creditor of George Ives deceased, for money-paid as a joint surety with him, in March 1854 filed his bill in the Circuit court of the city of Richmond, against the administrator and heirs of Ives, and a former guardian of the heirs, seeking to subject a lot in the city which was a part of Ives’ estate, and also to have anjT money in the hands of the former guardian applied to the payment of the debt. In February 1855 there was a decree ascertaining the amount of the plaintiff’s claim at nine hundred dollars, as of the 1st day of October 1850; and a…

1Opinion of the CourtMoncure, J.

*779The Code, ch. 188, § 3, p. 717, provides, that ! ‘Every writ of fieri facias hereafter issued shall, in addition to the effect which it has under chapter 187, be a lien from the time that it is delivered to a sheriff or other officer to be executed, upon all the personal estate of, or to which the judgment debtor is possessed or entitled (although not levied on nor capable of being levied on under that chapter), except in the case of a husband or parent, such things as are exempt from distress or levy by the 34th section of chapter 49, and except that as against an assignee of any such estate…

2Cases cited3 opinions

  1. Garland v. RivesCourt of Appeals of Virginia · 1826
  2. Puryear v. TaylorSupreme Court of Virginia · 1855
  3. Jackson v. HeiskellSupreme Court of Virginia · 1829

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