Dobyns & Davis v. Rawley

Citations

• 76 Va. 537
• 1882 Va. LEXIS 58

Syllabus

<p>Joint Purchasers—Sureties—Substitution—Innocent purchaser—Setoffs— Alteration of bond.—P conveys land to joint purchasers, E and J, but retains lien for unpaid price. They divide it, valuing E’s part at $2,600. J’s at $2,400, and E conveys to J his part, retaining no lien.. E (J uniting) conveys his part to P D, retaining lieu for unpaid price. E and J pay P equally, except on note of $1,500 for last instalment, whereof B owed $850 and J $650; but E paid $450 on it, when P D took it up from P. By recorded title-bond, J sold his part to B, who owed balance of $1,350 on the price. In 1879 E sued P D to enforce his lien for unpaid price, making only P D defendant; but all concerned were ultimately made parties by amended bills, that were demurred to as multifarious. B claimed that he was purchaser for value without notice; but the conveyance from P to E and J, retaining lien, was recorded before B bought. J relied on $600 note of E to J, as guardian, and $1,000 bond of P andB to J, partly in his own right and partly as guardian, as setoffs against any sum demanded of him by E on note given by E and J to P and held by P D. The $600 note was included in a judgment confessed by J to his wards, but which, though possibly secured, was not paid. The $1,000 bond had been changed in a material point by J without E’s consent.</p> <p>Held :</p> <p>1. P D is entitled to set off the note of E and J, which he took up from P, against the balance he owes on the land conveyed to him by E and J.</p> <p>2. E hath a lien on the land conveyed by him to J, in the hands of B, who is not a purchaser for value without notice, not having paid all the purchase money, and being affected with notice of the lien on the whole land conveyed by P to E and J, which is retained on the face of the recorded deed; and to satisfy that lien, so much as is necessary for the purpose must be sold.</p> <p>3. The amended bills are not multifarious, the newparties and matters being necessary.</p> <p>4. The $60