Eggleton v. Whittle

Citations

• 84 Va. 163
• 4 S.E. 222
• 1887 Va. LEXIS 18

Syllabus

<p>Equitable Jurisdiction and Belief-Judicial Sales-Commissioner’s Default-Remedy against Purchaser.-Commissioner sold land and received the money without giving bond or accounting. Purchaser was required to pay it again. Beceiver got judgment against him and surety. Execution was returned, “ no effects.” Before the return, commissioner executed trust deed to secure purchaser. Beceiver filed in pending creditor’s suit against commissioner, his petition to enforce his execution lien against fund secured to purchaser. Latter resisted on the ground, (1), that he claimed the fund as his homestead, and (2), that he had assigned it. Beceiver then brought suit to enforce his judgment lien against lands of purchaser and surety:</p> <p>Held:</p> <p>Beceiver was entitled to maintain his suit to enforce said judgment on said lands. Code 1878, ch. 182, $ 9, p. 1167.</p>