McClanahan's Administrator v. Norfolk & Western Railway Co.

Citations

• 118 Va. 388
• 87 S.E. 731
• 1916 Va. LEXIS 21

Syllabus

<p>1. Equity—Creditors’ Bill—What Constitutes—Pen-ties—Amendments.— A bill filed by one or more judgment creditors, suing on behalf of themselves and all other lien creditors of the debtor, against the administrator and heirs of the judgment debtor, is a judgment creditors’ bill, although all the lien creditors are not made parties and all of the real estate liable to the liens is not mentioned in the bill. It is the common practice in such cases to search out other real estate upon which the 'judgments are liens, and to bring it before the court for administration. If third persons do not claim any interest in such additional real estate, no amendment of the pleadings is necessary; if they do, they should be brought in by amended bill or petition, and other lien creditors, may come in by proving their liens before the commissioner to whom the cause is referred to take an account of liens.</p> <p>2. Equity—Lien Creditors’ Bill—Bill by Single Creditor—Order for Account.—A suit by a single judgment creditor to subject land to the payment of the judgment becomes a lien creditors’ bill upon the entry of a decree referring the cause to a commissioner to take an account of liens on the real estate of the defendant, and of the real estate liable for their payment, and the entry of such decree operates a suspension of all other pending suits of creditors for the same purpose, and they must come in under the decree, which is considered a decree in favor of all such creditors.</p> <p>3. Equity—Lien Creditors’ Bill—Amendment—Departure—New Case.— An amendment of a lien creditors’ bill which sets out in detail other lands bound by the complainant’s judgments, and brings before the court all those who claim to be interested in those lands adversely to the lien creditors, is not a departure from the original bill and does not make a new case, although it contains some averments not contained in the original bill.</p> <p>4. Equity—Lien Creditors’ Bill—Deceased Debtor—Account of Per