Daily's Ex'or v. Warren

Citations

• 80 Va. 512
• 1885 Va. LEXIS 89

Syllabus

<p>1. AssIGNraENTs-Recordafion-Case at bar..-Assignments of choses in action need not in Virginia be recorded. The case here is one of com~ petitive assignments.</p> <p>2. PRACTICE IN CHANCERY-ASSIg7ZOrS ftarlies.-Where one files petition in pending cause to~ assert claim as assignee to debt reported therein, the assignor must be made party to petition and summoned to answer.</p> <p>3. I]YEM-Review and reversal- Wilness.-Decree directing payment of such debt to such petitioning assignee, will be reversed on petition of the assignor, who has not been made party and summoned to answer. And on hearing of such petition to re-hear, the assignor and a rival assignee are competent witnesses to prove the assignment to the latter and the consideration thereof.</p> <p>4. Evrn~NcE-Subsequent declëwalions.-Declarations made and 1etter~ written by assignor subsequent to assignment; are inadmissible as evidence against his assignee.</p> <p>5. ASSIGNMENTS- C'omftetilive assignees-Burden ofproof.-Where subsequent assignee claims that he took his assignment for value, without notice of the previous assignment, and that the previous assignment was fraudulent, the burden is, of course, on him to prove the case.</p>