79 Va. 40 | Va. | 1884
delivered the opinion of the court:
In Cowardin v. Anderson, 18 Va. R. 88, we said: “It is well established by the repeated decisions of this court, that a judgment creditor can acquire no better right to his debtor’s estate than the latter himself has. The creditor takes the property or applies it to the satisfaction of his lien in subordination to all the equities which exist at the time in favor of third persons,
In the present case the allegations of the bill are not denied in the answers, but proof of them is required. And in support of them, John Sinclair, Jr., testifies, as already stated, that of the sums laid out in the purchase and improvement of the property, about $1,800, was the money of the plaintiffs. This statement is not only uncontradicted, but no attempt to contradict was made. It follows, therefore, that it must be taken as true, and that to that extent the allegations of the bill are established. The decree must, therefore, be reversed, and the cause remanded to be proceeded in in conformity with the views herein expressed.
Decree reversed.