Culbertson's Rep. v. Stevens

Citations

• 82 Va. 406
• 4 S.E. 607
• 1886 Va. LEXIS 51

Syllabus

<p>1. Foreign Attachments—Jurisdiction.—The levy of the attachment, as shown hy the officer’s return on the' non-resident defendant’s property, is the foundation of the suit. If the property attached be not the defendant’s property, the court is .without jurisdiction.</p> <p>2. Idem— Case at bar.—In 1837, P. sold and conveyed land to C. on credit, reserving lien for purchase money; got judgment on bond first due, and had O. taken under a ca sa. C. took insolvent’s oath, and conveyed the land to sheriff. In 1848, P., having assigned her judgment and bonds against C. to K., brought suit to enforce the vendor’s lien. Sale of the land was made, reported and confirmed to K., who received conveyance thereof. Pending the suit, C. sold the land to S., who undertook to pay the liens, but paid nothing. In. 1877 C. instituted against S., who was a non-resident, an attachment suit in equity, and levied on the land—</p> <p>Held :</p> <p>1. S. did not acquire legal or equitable title to the land by the sale and conveyance by C. :</p> <p>2. The land belonged legally and equitably to K., and those claiming under him.</p> <p>3. No jurisdiction was acquired of C.’s suit against S.</p>