124 Va. 663 | Va. | 1919
delivered the opinion of the court.
William G. Smith, who appears to have been largely indebted to persons from whom he rented lands, and to others who had made advances to him which were secured by crop liens, on June 30, 1916, conveyed the unsevered crops on three farms rented and cultivated by him, to a trustee for the benefit of a number of other creditors. Among those other creditors was the Farmers and Merchants Bank of Cape Charles, Va.
Clarence W. Holland had, on November 10, 1908, recovered a judgment against Smith for $730, with interest, and upon that judgment had issued an execution on June 1,1916, under which there had been a levy upon Smith’s property. Under this state of facts, Holland brought a chancery suit against his debtor, claiming a lien in his favor on the unsevered crops, and the trustee and certain of the other creditors who alleged that their liens were superior to that of Holland also instituted a suit against Holland and the sheriff of Northampton county, praying for an injunction to prevent the levying upon or subjecting any of the
Affirmed.