Simmons v. Lyles
Supreme Court of Virginia
In July 1868 James Jamieson filed Ms bill in the circuit court of Danville, alleging in substance that, in 1862, he had sold a lot of land, improved by valuable houses upon it, and situate in the said town of Danville, at public auction, for one-half cash, and the balance by bonds' at one and two years, retaining the title as security for the payment of the purchase money; that William T. Simmons became the purchaser, and paid the half cash, and gave his bonds at one and two…
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In July 1868 James Jamieson filed Ms bill in the circuit court of Danville, alleging in substance that, in 1862, he had sold a lot of land, improved by valuable houses upon it, and situate in the said town of Danville, at public auction, for one-half cash, and the balance by bonds' at one and two years, retaining the title as security for the payment of the purchase money; that William T. Simmons became the purchaser, and paid the half cash, and gave his bonds at one and two years for the residue of the purchase money, each, bond being for $2,062.50, with J. M. Walker and II. W. Cole as his…
1Opinion of the Court
Staples, J.,
delivered the opinion of the court.'
The court is of opinion that no error was committed by the circuit court in permitting the appellee, Lyles, to file his petition and make himself a party to the cause. Although the bill of Jamieson was merely to enforce the vendor’s lien, and although it did not profess to be *928filed on behalf of the other creditors of Simmons,. still it was competent for the creditors, of any of them,. make themselves parties to the suit, and claim the fi,alance 0f the fund remaining after the satisfaction of the vendor’s lien for the purchase money. Such a…
2Cases cited2 opinions
- White v. WhiteSupreme Court of Virginia · 1861
- Burton v. Brown's ex'orsSupreme Court of Virginia · 1872