Peter Vivian Daniel, Snead v. McCoull — Opinion of the Court
“ If the debtor being in execution becomes a bankrupt, the creditor, in reason and justice, must have a right to elect; not having contemplated that event, which deprives him of the fruit of his execution. ”
Peter Vivian Daniel, Snead v. McCoull — Opinion of the Court
“ Indeed, the provision in the statute of 21st James I., and in the Virginia act of 1748, which protect bon a fide sales by debtors in execution, are wholly inconsistent with the idea of a continuation of a judgment lien during the operation of a capias ad satisfaciendum executed, for the lien of a judgment is a legal lien commencing and coeval with the judgment itself, and unless released by charging the debtor in execution, would by its own force and effect go back to the date of the judgment, and override all mesne alienations or rights of every description. ”
Peter Vivian Daniel, Snead v. McCoull — Opinion of the Court
“ Such an essential change in the character and objects of the cause, proposed, too, after a hearing, and when it was manifest that the object of the original bill, namely,-the lien of the judgment, no longer existed, could not have been accorded to the plaintiff by any sound rule of practice. On either aspect of his case, as presented by the appellant, we think that he established no ground for equitable interposition in the Circuit Court, and approving the decree of that court dismissing the bill of the appellant, we hereby order that the same be affirmed. ”
