Compton v. Tabor
Supreme Court of Virginia
This was a suit in equity in the circuit court of Tazewell county, brought in October, 1878, by James H, Tabor against ¥m. E. Compton and J. M. Davis, to subject their lands to satisfy a judgment he had recovered against them for $510, with interest from the 17th of May, 1877, and costs. The judgment was founded on a bond in which Compton was the principal and Davis his surety.
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This was a suit in equity in the circuit court of Tazewell county, brought in October, 1878, by James H, Tabor against ¥m. E. Compton and J. M. Davis, to subject their lands to satisfy a judgment he had recovered against them for $510, with interest from the 17th of May, 1877, and costs. The judgment was founded on a bond in which Compton was the principal and Davis his surety. The bill states the defendant Compton owned three parcels of land, one a mill property, and one tract of sixty, and another of one hundred and ten acres. It appeared also that Davis owned several small tracts. Compton…
1Opinion of the CourtAnderson, J.
The court is of opinion that under the statute (chap. 182, § 9, Code of 1873), which authorizes the sale of a judgment debtor’s land to satisfy the judgment only in case the rents and profits thereof will not satisfy the debt and costs in five years, it is entirely competent for the court to ascertain whether they will or not, to cause the same to be offered for rent. The terms of renting, whether the rents shall be payable annually or at shorter periods, must be determined by the court before whom the cause is depending, in the exercise of a sound discretion,.under all the circumstances, as…
2Cited by5 opinions
- Daingerfield v. SmithSupreme Court of Virginia · 1887
- Beckett v. ReganHamilton Circuit Court · 1896
- Walker's Ex'or v. PageSupreme Court of Virginia · 1872
- Walker's Ex'or v. PageSupreme Court of Virginia · 1872
- Walker's Ex'or v. PageSupreme Court of Virginia · 1872