Brown v. Butler

Citations

• 87 Va. 621
• 13 S.E. 71
• 1891 Va. LEXIS 114

Syllabus

<p>1. Statute op Limitations—Judgment liens.—In April, 1887, suit was brought to enforce the liens of two judgments, one dated February 23, 1866, the other dated November 2, 1866, both duly docketed, but execution had been issued on neither : held, right to enforce had ceased by limitation. (Code, 3573, 3577 and 3578.)</p> <p>2. Idem—Departure from State—Comparison of cases—Case at bar.—In Mcklin’s Ex’or y. Carrington, 31 Gratt., 219, it was laid down that debtor’s removal from the State operates, propria vigore, to obstruct prosecution of plaintiff’s right. In Wilson v. Koontz, 7 Cranch, 202, construing the same statute, it was held that removal of defendant must have actually obstructed plaintiff. In the case here plaintiff was not actually or constructively obstructed.</p> <p>3. Idem—Sale of lien—Subject.—Sale of real estate whereon the judgment is previously a lien is not, of itself, an obstruction of plaintiff.</p> <p>4. Domicile—Change of—Proof.—Party must reside in new place with intent to remain there, in order to acquire a new domicile; and it is for the alleger of the change to prove it.</p> <p>5. Registry Acts—Parol purchasers.—Where parol purchaser takes actúa', visible and notorious possession and pays the entire purchase-money, a subsequent judgment against his vendor is no lien on the land. Floyd v. Harding, 28 Gratt., 401. ' '</p> <p>6. Idem—Auctioneer’s memorandum.—This writing, though sufficient to satisfy the statute of frauds, is not such contract in writing as the registry acts require to be recorded, and may be treated as a parol contract.</p>