44 W. Va. 561 | W. Va. | 1898
This chancery suit was to enforce the lien of two judgments of five hundred dollars and one thousand and sixty-eight dollars and seventy-five cents in favor of King against several persons, among them Campbell, against lands of the debtors, among them three tracts once owned by Campbell, resulting- in a decree for their sale, and an appeal therefrom. There was a reference to a commissioner to convene holders of liens on Campbell’s land, and there was a direction to the commissioner to ascertain and report what conveyances had been made by the judgment debtors of lands subject to the judgments. This clause would have relation to the three tracts involved in this appeal, as the bill asserted that they were owned by Campbell at the date of the judgments, but had been conveyed by him to William H. Sayre and Josephus Sayre. The commissioner made three reports under said references and recommittals, finding said five hundred dollar judgment a lien on said three tracts, but not finding the judgment for one thousand and sixty-eight dollars and seventy-five cents a lien, and not finding that it was not a lien. The judgment for -five hundred dollars was docketed a-t the time of Campbell’s conveyance to Sayre, but the other one was not. A decree was entered for the sale of land of one of the defendants, not the lands now involved, to pay debts mentioned in said report, but this decree was reversed by this Court (28 W. Va. 601), and later the court made a reference to a commissioner to ascertain what remained unpaid on the plaintiff’s judgments, and, the commissioner reporting that the five hundred dollar judgment had been paid, and that a certain balance of the other judgment remained unpaid, the decree complained of was entered; and now the appellants contend that it is res judi-cata that the judgment for one thousand and sixty-eight dollars and seventy-five cents is not a lien, as the several reports failed to report it as alien, and there was no exception for such failure, and therefore the report is to be
It is contended that, as a second amended bill charged nothing as to the appellants or their land, the decree against their land was erroneous; but the original and first amended bill charged enough to warrant the decree against the defendants’ land. They were still in the case. Besides, this second amended bill makes reference to the original and first amended bill, and makes them a part thereof, and adopts their allegations. This surely made them parts of, or to be read with, the second amended bill.
It is assigned that it was error not to make a personal decree for the debts against the defendants. This did not agrieve, but benefited, appellants. There was already a personal judgment, and the suit was only to enforce its lien.
Appellants complain that no day was given before sale to redeem the land from sale, As an original question, I
Modified.