Gregg v. Sloan

Citations

• 76 Va. 497
• 1882 Va. LEXIS 54

Syllabus

<p>1. Trust Deeds—Attachments—Priorities.—Debtors in HC grant all their property, including choses in action, due from their debtors in Y, and secured on land here. After recordation of deed in ST C, but before its recordation in Y, a creditor of grantors, living in V, attached the choses and the land securing them. In contest for priority—</p> <p>Held :</p> <p>The deed, though unrecorded in V, being prior to the attachment, prevails over it.</p> <p>2. Chancery Practice.—The trustees petitioned to be made parties to the attachment suit, but no order making them such had been entered. A decree, purporting to be “ by consent of parties through their counsel,” was rendered, ascertaining plaintiff’s debt and directing sale of land conveyed to secure the chose attached, and payment in full of plaintiff’s debt. The counsel differed as to the extent of “the consent” given. The trustees enjoined the execution of the decree of the attaching creditor, who answered. Both causes being heard together—</p> <p>Held:</p> <p>1. The decree-should have been set aside.</p> <p>2. Injunction by new bill was not the regular mode to set aside the interlocutory decree of sale, but it was equivalent in substance, and allowable.</p>