Gordon v. Rixey

Citations

• 76 Va. 694
• 1882 Va. LEXIS 69

Syllabus

<p>1. Liens—Judgment—Vendors—Priorities—Case at bar.—In 1867, on bond of M and B to P, assigned by P to R, the latter obtained judgment, which was docketed in 1869. In 1866 M granted his land to B, reserving lien for purchase money, and in 1870 assigned the purchase money bonds to G for value without notice of the judgment. In contest for priority between R, as judgment creditor, and G, as assignee of the vendor’s lien and of the bonds thereby secured.</p> <p>Held :</p> <p>The lien of the judgment hath priority.</p> <p>2. Idem—Vendors—Charge only, not estate in re.—Reserving iien for purchase money creates no property in the land. It passes as personalty. Assigning the debt carries the lien. It binds the land for the purchase money, excluding other claims.</p> <p>3. Idem—Idem.—Assignee of purchase money bonds, secured by vendor’s lien, is assignee of a chose in action only and not such purchaser of the land for value as will be protected by Code 1873, ch. 182, § 8. He is entitled to the rights of his assignor, and no more.</p> <p>4. Idem.—Judgment, though undocketed, is good against subsequent creditors, with or without notice.</p> <p>5. Purchaser.—Claimant of the rights of a purchaser must aver and prove he gave a valuable consideration.</p> <p>6. Assignments of choses in action, in Virginia, are not required to be recorded, and such recordation would not affect third persons with constructive notice.</p> <p>7. Assignor—Assignee—Recourse—Case here.—In 1S60 R sold land to P, who assigned him bonds in payment. In 1870 P sold the land, and R was asked to join in the conveyance, but declined, unless he could realize in cash $2,000. Then P gave R the $2,000, to hold until the bonds to that amount were collected, and R reassigned $2,000 of the bonds to P. The escate of the obligors proved insufficient to pay the bonds in full. In contest between R and P for preference as to the obligor’s assets—</p> <p>Held :</p> <p>1. R hath preference, inasmuch as, having used due dili