The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1872-02-07
WEDNESDAY EvEN'G FEB. Z, 1872.
REPEAL 1T.

There is one provision OF the Code of
Virginia which manifestly needs repeating.
We are surprised, in fact, that it shsuld
ever have found place in our statute
books, and nothing but some pretty sharp
practice on the part of attorneys could ever
have induced sagacious Lawmakers to give
it a moments consideration at their hands.
We refer to the law which makes iudg-
ment obtained and docketed in any county
in the State, lien upon the property of
the defendant, situated in any other coun-
ty, for the period Of one gear neat after
the judgment is entered, whether tram
script of the same be docketed in the coun-
ty where the land lies or not. With such
a provision of law as this in force, we do
not wonder that real estate is at dead
stand-still in Virginia-that no capitalists
can be found to purchase lands here for
speculative purposes or otherwise. For
who can purchase with any safety to him.
self, or with any assurance that the title he
may get is worth the blank paper on which
it is written
1t is certain that the purchaser must have
an examination made of all the county
and circuit court dockets in the State, be-
fore he can safely pay over the purchase
money for any piece Of real estate, howev-
er small and this would be task as dis
couragng as that of looking for needle in
o small-sized haystack. The object of
such a law must have been to give the mer-
chants and other business men in the more
prominent cities or centres of trade in the
State, an opportunity of quietly entering
their judgments against debtors at dis
lance, and holding them as liens upon their
property, without exciting any local suspi-
cion of their insolvency, and then, when
worse came to worst, step in and grab
their whole estate, leaving the unsuspect.
ing and deuded creditors outside to philo-
sophically "whistle the thing out"
for their pay. The law as it
stands is certainly very pretty
specimen of grab lao, and we can
see quite number of ingenious and hand
some confidence games" that might be
practiced upon the innocent and unwary
under it. For instance, "Stokes" offers to
sell " Noakes" valuable piece of land in
one of the eastern counties of the State.
"Noakes" inquiries as to the title, and
finds everything all right in the county
where the land lies, Stokesu is the last
grantee; no mortgage no judgments; no
unpaid taxes; no anything, in fact, to cast
the least cloud upon the title. He r'Stokes')
is exceedingly affable, and as exceedingly
anxious to sell. 'Noakes" buys; takes
the title-deeds pays over the money enters
into possession, and-arhat then "Stokes"
no sooner gets out of the way-makes
tracks to that ineffable limbo of all
sharp-witted Stokeses, "parts unknown
than up-turns his ubiquitous friend ''Funk"
from one of tho extreme western coun-
ties of the state, with judgment against
"Stokes," to the amount of double the
value of the real estate conveyed, docketed
six months before in his f'Funks' " coun-
ty, and lien, under the Code, upon all of
"Stokes'" property in the State! The
astonishment of "Noakes" is great, but
his Indignation is greater. He goes first
into fit of cursing, and then to his lawyer.
The latter complacently pockets his retain
er. which only makes "Noakes" the more
indignant, for he thinks his lawyer ought to
''cuss" as well as himself at the rascal
ity practiced upon him. But, to the credit
of the profession be it said, his lawyer does
nothing Of the kind. He simply reminds
"Noakes" that the Code is all right--that
it is case in which the principle of caoeat
enptor applics-that Sunk" is ahead,
and that he c'Noakes'D can quietly take
shack seat" in the courtroom, so far as
any remedy in the law is concerned.
Surely, the wisdom of such a provision
of the Code as this is great, if it is not
altogether past finding out. But let us
never complain that real estate in Virginia
is unsaleable, so long as such provision
exists. 1t would knock real estate opera
tons fat in any State in the Union. Let
it be repealed.