Sinclair v. Sinclair
Supreme Court of Virginia
Appeal from decree of circuit court of Gloucester county, entered 29th November, 1876, in the cause of Robert N., John W., Henry F., and Edward Sinclair, against John Sinclair, Jr., and others, his judgment creditors.
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Appeal from decree of circuit court of Gloucester county, entered 29th November, 1876, in the cause of Robert N., John W., Henry F., and Edward Sinclair, against John Sinclair, Jr., and others, his judgment creditors. The appellants filed their hill in the court below, alleging that a short while before the war, and during their infancy, their father, John Sinclair, Jr., purchased certain real estate in the county of Gloucester, and took the conveyance in his own name; that the whole or the greater part of the money paid for the land was theirs, and had been received by their father on…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court:
In Cowardin v. Anderson, 18 Va. R. 88, we said: “It is well established by the repeated decisions of this court, that a judgment creditor can acquire no better right to his debtor’s estate than the latter himself has. The creditor takes the property or applies it to the satisfaction of his lien in subordination to all the equities which exist at the time in favor of third persons, *42and a court of chancery will limit the lien of the judgment to the actual interest the debtor has. The creditor is in no just sense treated as a purchaser, and has no…
2Cases cited1 opinion
- Floyd v. HardingSupreme Court of Virginia · 1877
3Cited by8 opinions
- Hunter v. Citizens Savings & Trust Co.Supreme Court of Iowa · 1912
- Woodward v. SibertSupreme Court of Virginia · 1886
- Henderson v. HenrieDistrict Court, N.D. West Virginia · 1905
- Dobyns' Adm'x v. WaringSupreme Court of Virginia · 1886
- Lee v. TapscottCourt of Appeals of Virginia · 1796
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