§ 8.01-464 — Order of liability between alienees of different parts of estate

Virginia § 8.01-464

• Jurisdiction: Virginia
• Title 8.01: Civil Remedies and Procedure
• Ch. 17: JUDGMENTS AND DECREES GENERALLY
• Art. 7: LIEN AND ENFORCEMENT THEREOF

Text

When the real estate liable to the lien of a judgment is more than sufficient to satisfy the same, and it, or any part of it, has been aliened, as among the alienees for value, that which was aliened last, shall, in equity, be first liable, and so on with other successive alienations, until the whole judgment is satisfied. And as among alienees who are volunteers under such judgment debtor, the same rule as to the order of liability shall prevail; but as among alienees for value and volunteers, the lands aliened to the latter shall be subjected before the lands aliened to the former are resorted to; and, in either case, any part of such real estate retained by the debtor shall be first liable to the satisfaction of the judgment. An alienee for value, however, from a volunteer shall occupy the same position that he would have occupied had he purchased from the debtor at the time he purchased from the voluntary donee.

Legislative History

Code 1950, § 8-395; 1977, c. 617.