Cowardin v. Anderson

Citations

• 78 Va. 88
• 1883 Va. LEXIS 14

Syllabus

<p>1. Liens and Priorities-Judgments.-The right of the judgment creditor is limited to the debtor’s interest in the land sought to be subjected. He is in no sense a purchaser, and has no equity beyond what belongs to the debtor. Summers v. Dame, 31 Gratt. 701.</p> <p>2. Idem-Trust deed for purchase money.-Where a purchaser cotemporaneously with delivery of conveyance of the purchased land executes a trust deed to secure the purchase money, he acquires a temporary seisin, and not such an interest in the land as becomes subject to the lien of a judgment against him in preference to the deed of trust.</p> <p>3. IDEM'-Idem-Unrecorded deed.-The judgment creditor acquires no preference over the trust deed, whether the latter be directly for the vendor’s benefit or for the benefit of a lender of the money to pay the purchase money, or whether the trust deed be recorded or not, the latter and the conveyance being parts of one transaction.</p>