Gurnee v. Johnson's Ex'or

Citations

• 77 Va. 712
• 1883 Va. LEXIS 108

Syllabus

<p>1. Judgment Liens—Priorities.—Code 1873, ch- 182, § 6, makes every judgment rendered in this state, a lien on all the debtor’s real estate, and the prior judgment hath -priority as between the judgments, whether docketed or undocketed.</p> <p>2. Idem—Purchasers for value without notice—Priorities—Docketing jzidgments.—But by Code 1873, ch. 182, £ 8, no judgment is a lien on real estate as against purchasers thereof for a valuable consideration without notice, unless it be docketed in the mode and within the time prescribed. If docketed, the judgment, if prior in time, hath priority over such purchaser.</p> <p>3. To docket his judgment is creditor’s privilege, not his duty. If he fails to docket it, he may lose his lien on the real estate aliened to a purchaser for value without notice.</p> <p>4. Idem—Idem—Case at bar.—W. owned two tracts of land, viz: “Hart’s bottom” and “Connery.” J. obtained in April, 186S, a judgment against W., which was not docketed until July, 1870. After the date of J.’s judgment, but before 22nd April, 1870, B. and others obtained judgments against W., which were duly docketed. W., on 22nd April, 1870, executed a trust deed on “ Hart’s Bottom,” to secure a loan of $15,000 from G., which deed was recorded 2nd May, 1870. In contest for priority between G. and the judgment creditors;</p> <p>Held:</p> <p>1. The judgment of J. from its date was a lien on all the real estate of W., and though undocketed, being prior in date, hath priority of lien over the judgments of B. and others, as to both tracts.</p> <p>2. J.’s judgment being undocketed at the time of G.’s deed, and G being a purchaser for value without notice of J.’s judgment, the lien of that judgment on “Hart’s Bottom,” was lost as against G., whose deed, as to that tract, hath priority over that judgment.</p> <p>3. The judgments of B. and others being docketed at the time of G.’s deed, have priority over that deed as to “ Hart’s Bottom,” but G. hath the right to hold that tract of land