Gatewood's adm'r v. Goode

Citations

• 23 Va. 880

Syllabus

<p>At the March term 1861, of the county court of Monroe, a judgment was rendered at the suit of the bank of V plaintiff against W. S and G, the latter living in the county of Bath. Execution of fi. fa. was issued on this judgment and levied on the property of W, and the sheriff returned, after June 1861, a levy upon the personal property of W, that the property was appraised and offered for sale, and not bringing valuation it was returned. G died during the war, leaving real estate in Bath county, and also in West Virginia; and after his death some of his creditors filed their bill in the Circuit court of Bath, to subject his real estate to the payment of his debts. The commissioner reported the above judgment as a debt by judgment having priority. A copy of the judgment was certified by the clerk of Monroe Circuit court, “and as such, keeper of the records of Monroe county court, and which by law are a part of the records of my office.” The Circuit court confirmed the report. Held :</p> <p>1. The judgment constituted, as between the parties thereto, a lien on the real estate in Virginia belonging to the judgment debtors or any of them, whether the said judgment was docketed in the counties in which the real estate might be or not.</p> <p>2. That the lien was not discharged bv the levy of the execution upon the property of W, one of the debtors, by the sheriff of Monroe county ; nor was.the execution satisfied by the act of the sheriff, returning the property so levied on to W, in obedience to the ordinance of the Virginia convention of 1861, whether such ordinance was valid'or not; said act of the sheriff being entirely his own act, neither prompted noi assisted by the plaintiff in the judgment.</p> <p>3. That the lien of said judgment on the lands of G, in Bai-fo. county, was neither lost nor impaired by reason of the division of the State of Virginia into two States, and the falling of the county of Monroe into the State of West Virginia.</p> <p>4. That the cert