Hill v. Rixey & Starke

Citations

• 26 Va. 72
• 26 Gratt. 72

Syllabus

<p>1. The act of March 2, 1866, Sess. Acts 1865-66, p. 191, ch. 77, {S 1, “to preserve and extend the time for the exercise of certain civil rights and remedies,” is retrospective in its operation, and applies in favor of a judgment creditor as to the docketing of his judgment.</p> <p>II. The act of March 2,1866, Sess. Acts 1865-66, ch. 69, p. 180, called the stay law, does not apply to a judgment creditor to relieve him from the necessity of docketing his judgment.</p> <p>III. R recovers a judgment against G in i860, but it is not docketed until December 1868. W and others recover judgments against G in 1861 and 1865, which were docketed in November and December 1865 and in 1866. In November 1865 G conveys land in trust to secure other creditors, and in the same month it is left with the clerk to be recorded, but not being stamped, and the tax on the deed and fee for recording not being paid until November 1867, it is not admitted to record until that time—Held:</p> <p>1. The deed having been recorded before the judgment of R was docketed, the lien of the deed has priority over the judgment of R.</p> <p>2. The deed was not of record until November 1867, though left with the clerk in November 1865; and the judgments of W and others having been docketed before the deed was recorded, they have priority over the deed.</p>