Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-11-19

that which b. conveyed to CoynerT the
general rule being the inverse order OF
the alterations, and the land not sold by
the debtor being subject nrst OF all.
Appeliees insist that while no lien was
expressly reserved in the conveyance
from q. to coyner, yet II was expressly
agreed that 1t should DO retained ana
was omitted by mistake. and that IN
pursuance Of said agreement the Coyner
pond was turned over to c., and that
Coyner then and there undertook the
payment of BIS bond held by G. for
like amount, the payment 10 extinguisn
the Coyner bond TO b, OF all OF wnlcn
they insist appellant had notice. me
Circuit Court so ruled.
Held: Though an equity constituting
vendors lien could, as between Il. and
Coyner, be created by parol, about which
no opinion is expressed. such an agree
ment could not affect the rights OF the
Loan Association. who are subsequent
purchasers for value. unless II mad no
tice The records disclose no equity In
favor OF g.. and the proof Is not suffi-
cient to charge IL with notice OF BIS
claim. Before 1t can be affected by any
latent equity between B. and Coyner, the
proof Of such claim must be clear and
strong. There was nothing on the re-
cords to put appellant on inquiry. Inc
law does not impose any further risk
than "a disclosed by the records. Cox vs..
Romine, 9 Graft. q.
PRIoRITIEs.
Rrakemors VS.. WISE &C. Reversed.
Opinion by Harrison. j.
Judgment liens against Davis, as fol-
Iowa. One docketed February LIST, one
July 9th, one August 10th, all IN !Sy4'
and in favor of appellant T. and W.,
respectively All are Hens on two tracts
of land on one Of which Is prior oeeo
of trust to it's full value; the other UNI
incumbered. In October, 1891, Davis SOLD
skinner sixty-six acres, who failed to
record his deed till March 10, 1884, where
by the Judgment of appellant, docketed
In February of that year, attached as
lien before the deed was recorded. Inc
other judgments were docketed SUISSE
ouently. Skinner borrowed 5000 Septem-
her TO- 1894, and secured same by deco
| of trust on the land bought by MIN OF
Davis. In this deed appellant united,
releasing the lien of his judgment as 10
this land.
nelIant held the first judgment lien on
all three tracts of land and voluntarily
released the Skinner tract, he thereby
| limited his security to the prejudice CT
| p and W., and should be postponed 10
| them TO the extent Of the value OF the
| land released. The court below SO ruied'
| Appeal.
Held: To invoke the doctrine OF mar
| shalllnS securities both sources OF payment
| must belong to the common debtor; the
| equity Is not invoked against the honpiy
| secured creditor. and cannot be invoked
! against the common debtor IL that course
would trench upon the rights or inure TO
- thA
| the double fund. adams Eg m. D., H2;
| Russell We. Randolph, 18th Graft, TI-lSJ
In this case both securities held by APP
pellant did not belong TO the common
| debtor. Davis. His judgment found the
| land owned by Davis, and that py Shih-
ner the purchase money secured by ven
| doris Hen was mere chose in action that
would pass to the assignee or the ponds.
| His Judgment was not lien on TINS
chose in action but an express statutory
| lien upon the land as the result Oh tne
| failure of Skinner to record his deed r.
and w. were not injured by appellants
| release Of that lien; they had no lien on
| that land; their situation would be the
same IL he had not released 1t; for the
primary security of appellant was the
| land still owned by Davis, and he could
| he compelled to exhaust that before re-
sorting TO the Skinner land.
! Appellant did not prejudice his rights
| by releasing his lien, and is entitled TO
have his judgment satisfied from the pro-
ceeds of sale as the first lien on the uh-
| incumbered land owned by Davis. and as
the second lien on the tract on WHICH
there is q prior deed OF trust.
APPEALS ALLOWED.
| Board Of Supervisors OF Alexandra
| CITY VS.. City Council of Alexandria. APP
| peal allowed Bond 800. Circuit Court
| city of Richmond.
| Tingle VS.. Paul g. Brother. Corporation
] Court of Manchester Writ Oh error anu
| supersedeas. Bond 200.
Franklin County vs.. Giles &c Johnson,
| circuit Court OF Franklin county. Writ
| of error. Bond 800.
CITY Bank of Norfolk VS.. Reed Son.
| Law and Chancery Court OF Norfolk:
| writ of error and supersedeas. Bond
| 5000.
Littell vs. julius Lansburgh Carpet
| comnany. Circuit Court of Alexandria.
| Appeal and supersedeas. Bond 500.
Beatty vs.. Barley ct ais. Corporation
| Court city Of Alexandria. Appeal BOND
500.
Raatv va. Downing. Circuit Court OF
| Warren. Appeal allowed. bond wv
Union Central Life Insurance Company
VIC. Pollard. Circuit Court city OF Rich
mond Writ of error and supersedeas.
| Bond 5000.
CENTS Executor VS.. Browning. Cir
| cult Court of Russell. Appeal and super
| sedeas. No bond required.
| Harris VS. Hackley, &c. Circuit Court
| of Rappahannock county. Appear ana
supersedeas. Bond 500.
Jackson's Administrator VS.. Jackson:
| Circuit Court of Wythe county. Writ OF
error and supersedeas. No bond.
Bailey VS.. McCance. Corporation Court
| NJ Petersburg. Writ of error and super
| sedeas. Bond $500.
Cardwell receiver. VS.. Kelley. Circuit
| Court of Richmond. Writ OF error
| Bond 500.
richmond Union Passenger Railway
| Company vs.. Richmond. Fredericksburg
and Potomac Railroad Company. Cir
| cuit Court of Richmond Writ or error
| and supersedeas. Bond $500.
| Wood We. scherer. Circuit Court OF
| Roanoke county. Writ Of error award
| ed. Bond $50.
Teese VS. Kyle. Circuit Court Of Am
berst county. Appeal and supersedeas.
| Bond 800.
smoot vs. Peoples Perpetual Loan and
| Building Association. Circuit Court OF
Roanoke. Appeal and supersedeas. Bond
| 500 or $500
| Ware VS.. Bankers Loan and Investment
| Company. Circuit Court or Roanoke.
| Anneal and supersedeas. Bond $500.
| brooke va. Turner. Corporation Court
| city of Roanoke. Writ Of error and
supersedeas. Bond $780,
| APPEALS REFUSED.
| German Fire Insurance Company VS..
cbannell Circuit Court Richmond city
| Writ Of error refused:
Neff VS.. Commonwealth. County Court
~ Wvthe county. Writ Of error refused