Dabney v. Shelton

Citations

• 82 Va. 349
• 4 S.E. 605
• 1886 Va. LEXIS 42

Syllabus

<p>1. Judgments—Statute of limitations—Execution—Scire facias.—Where ten years or more have elapsed since rendition of judgment, and no execution was issued upon it, and no writ of scire facias was sued out to revive it, within the period of ten years, the said judgment is barred by the statute of limitations, both at law and in equity. Code 1873, ch. 182, §§ 12 and 13; Hutcheson v. Grubbs, 80 Va. 251.</p> <p>2. Idem—Saving clause.—Petitions filed during that period by, judgment' creditor in a chancery suit brought to subject the lands of judgment debtor to the payment of judgment liens, and dismissed without any order on it except that of dismissed seven years after it was filed, did not suspend the right to sue out execution upon the judgment, and does not bring the case under the saving clause contained in \\ 13 of said chapter.</p>