Preston v. Aston's Adm'r

Citations

• 85 Va. 104
• 7 S.E. 344
• 1888 Va. LEXIS 16

Syllabus

<p>1. Chancery Practice&emdash;Creditors' Suit&emdash;Parties&emdash;Assignors&emdash;Subsequent Alienees.&emdash;In creditors’ suit, assignor with retourse of obligation, whereon is founded a .judgment sought to be enforced, and subsequent alienees of land sought to be subjected, are proper parties. J. R. & K. Co. v. Littlejohn, 18 Gratt. 83.</p> <p>2. Idem&emdash;Pleadings&emdash;Rejection.&emdash;A plea, that is only another mode of asserting an objection to the bill, that has already been asserted by an overruled demurrer, should be rejected.</p> <p>3. Idem&emdash;Hearing together&emdash;Renting&emdash;Sale&emdash;Case at Bar.&emdash;Five suits pending by creditors to enforce liens on judgment debtor’s lands. No account taken, but on proof of sufficiency of rents to pay the liens in five years, decree in each suit to rent entered, but not executed. Creditor, with lien older than those asserted in those suits, brings his bill reciting these facts, charging sale of the lands to be necessary, and praying for convening all the lien-holders, for account of liens and lands, for hearing the suits together, for annulling the decrees to rent, and for ’ sale of the land. Decree accordingly.</p> <p>Held :</p> <p>No error.</p>