Powell v. Bell's Adm'r

Citations

• 81 Va. 222
• 1885 Va. LEXIS 25

Syllabus

<p>Judgment Liens—Registry acts—Case at bar.—In 1855 H. bought of K. a lot of land for 8433.33, and paid one-third cash, but took neither deed nor other writing nor possession. Sometime prior to 14th July, 1856, T., as trustee of B., verbally purchased the lot of H. for same price, and paid him what he had paid, and assumed the remaining two-thirds due to K. And by writing, under seal of that date, B. directed her trustee to obtain a conveyance of said lot from K., reserving vendor’s hen for the two-thirds still due on the purchase money, and to employ her trust fund in building a house upon it. This T. did, after having first got a written order from H., directing K. to convey the lot as aforesaid. The deed is dated August 1st, 1856, but it was not recorded until 1859. Afterwards, in May, 1857, S. got a judgment against H., and sued to subject the lot to the judgment.</p> <p>Held :</p> <p>1. T.’s purchase of the lot from H. having been by parol, came not within the registry acts.</p> <p>2. T. having paid H. for his entire interest in the lot, and got possession of it before S.’s judgment was obtained, had a valid, equitable title to the lot, and the lot is not subject to the lien of the judgment of S. against H.</p> <p>3. The valid, equitable title of T. in the lot was not so merged in the legal title acquired by the subsequent deed of K. to him as to subject the lot to the lien of said judgment.</p> <p>4. H. had bought the lot verbally, and had sold it verbally, and been paid back his money, and his vendor had acquired possession of the lot before the rendition of the judgment against H., so H. had, when the judgment was obtained, no interest in the lot whereof the judgment lien creditor could avail.</p> <p>5. The writings, dated 14th July, 1836, and respectively executed by B. and by H. did not constitute the contract of the sale of the lot by H, to T. for B. either separately or together, and did not come within the registry acts.</p>