McAllister v. Bodkin
Supreme Court of Virginia
Appeal from decree of circuit court of Botetourt county, rendered 2d November, 1878., in tlie chancery suit of John Bodkin, Wm.
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Appeal from decree of circuit court of Botetourt county, rendered 2d November, 1878., in tlie chancery suit of John Bodkin, Wm. T. Hardy, and Thomas J. Obenshain, on behalf of themselves and all other judgment creditors of John W. McAllister, against said McAllister, to enforce certain judgments obtained in 1857, which, they alleged, were liens on 200 acres of land in said county, which Mc-Allister claimed as his homestead under the laws of this State, when in 1873 he was adjudged a bankrupt under the laws of the United States, and which was allotted him 24th September, 1873, by the bankrupt…
1Opinion of the CourtAnderson, J.
It is assigned as error that Thomas L. Michie, the assignee in bankruptcy, in whom it is alleged that the legal title to the land in question vests, is not a party. Is the legal title in the assignee ?
The land which is subject to the lien of the judgments, which this suit was brought to enforce, and which the *812defendant McAllister surrendered in bankruptcy, but claimed as Ms homestead, was assigned to him by the bankrupt court for his homestead. The act of Congress (Rev. Stat. of the United States, ;p. 980, § 5044) provides that as soon as an assignee is appointed and qualified, the judge, or…
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