Straus v. Bodeker's Ex'x

Citations

• 86 Va. 543
• 10 S.E. 570
• 1889 Va. LEXIS 69

Syllabus

<p>1. Judgments—Legal process—Statute of limitations.—Where non-resident judgment creditors are summoned by order of publication and no order is made to suspend the issuing of executions, a suit to enforce a contract for the sale of the judgment debtor’s land, is no such “ legal process ” as, under Code 1873, ch. 182, sec. 13, suspends judgment creditors’ right to sue out executions and stops the running of the statute of limitations against such judgments.</p> <p>2. Idem—Trust deed for purchase money.—Where land is conveyed to judgment debtor, and eo instanti re-conveyed by him to trustee to secure the purchase money, he has no interest subject to the judgment lien as against the trust deed.</p> <p>3. Consideration—Parol evidence.—A different consideration from that recited in a deed of conveyance may be established by parol.</p>