Dime Deposit & Discount Bank v. Wescott
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Northampton county. Controversy between creditors. This is a controversy between creditors of the Old Dominion Granite Brick Company, an insolvent corporation. The appellant claims that it has the superior lien on the proceeds of certain personal property by virtue of a fieri facias levied upon it prior to the levy of a distress warrant and attachment sued out by the appellees.
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Appeal from a decree of the Circuit Court of Northampton county. Controversy between creditors. This is a controversy between creditors of the Old Dominion Granite Brick Company, an insolvent corporation. The appellant claims that it has the superior lien on the proceeds of certain personal property by virtue of a fieri facias levied upon it prior to the levy of a distress warrant and attachment sued out by the appellees. The latter insist that their lien is superior to that of the appellant, although the levy under which they claim was later in date, because the relation of landlord and…
1Opinion of the CourtBuchanan, J.
(after making the foregoing statement), delivered the opinion of the court.
If it be true, as contended by the appellant, that the property on which the distress warrant and attachment were levied was not on the premises for which the rent was claimed to be due, and had been removed therefrom for more than thirty days prior to the levy, then it is wholly immaterial whether the relation of landlord and tenant existed between the appellees and the debtor company, for, even if such relation did exist, the appellant’s claim would be superior to that of the appellees.
It is clear, we think, that the…
2Cases cited2 opinions
- Oliver Refining Co. v. Portsmouth Cotton Oil Refining Corp.Supreme Court of Virginia · 1909
- Nye v. LovittSupreme Court of Virginia · 1896
3Cited by8 opinions
- United States v. Waddill, Holland & Flinn, Inc.Supreme Court of the United States · 1945
- Doswell Ltd. Partnership v. Virginia Electric & Power Co.Supreme Court of Virginia · 1996
- Luck v. WoodSupreme Court of Virginia · 1926
- Richmond Postal Credit Union, Inc. v. BookerSupreme Court of Virginia · 1938
- American Exchange Bank v. Goodlee Realty Corp.Supreme Court of Virginia · 1923
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