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County, D. B...

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made oath before me in my said county that he was the creditor (or his authorized agent, attorney, or attorney in fact, of... who was the creditor) under a certain deed of trust (mortgage, vendor's or mechanic's lien), from....... , trustee, dated.. and recorded in the clerk's office of the circuit court of.. p... and that the debt thereby secured has been paid to him, the said creditor (or his agent, attorney, or attorney in fact), and that he, the said creditor, was when the said lien was so satisfied, entitled and authorized to receive the same, and that the said notes (bonds or other evidences of debt), evidencing the debt secured by said deed, have been canceled and delivered to the person by whom they were paid (or have been lost or destroyed, and cannot be produced).

The said creditor (his duly authorized agent, attorney, or attorney in fact) hereto subscribes his name in further testimony of the payment of said debt. (Here let creditor, his agent, or attorney sign). Given under my hand this..

19.

To....

day of

Form of Notice

day of...

19...

Virginia, to have marked

..day of....

19.

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Take notice that I shall on the.. move the circuit court of the county of. released and discharged a certain deed of trust from.. trustee, dated............

p..

the clerk's office of said court, in D. B..
trust having been given to secure the payment of..
notice is given under section 6456 of the Code of Virginia, 1919,
being owner of certain real estate affected by the existence
trust. The property so affected may be described as follows:
Given under my hand this...

.day of..

Form of Petition

To the Honorable Judge of the Circuit Court of the County of...

Virginia:

Your petitioner,..

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respectfully represents that he is owner of

certain real estate, described as follows:.. in the clerk's office of this court, in D. B.. of trust from..

day of........

before described;

18..

; that there is recorded p......... a certain deed to... and bearing date on the... which said deed of trust affects the property herein

who is the "person entitled to

That your petitioner has given.... such encumbrance," twenty days' notice that he would on the... day of.. 19., move this honorable court to have said deed of trust marked released and discharged, all of which will appear from the notice of motion herewith filed and returned executed.

Inasmuch, therefore, as twenty years have elapsed since the maturity of said encumbrance, as will appear from the copy of said deed of trust filed herewith, and marked "Exhibit A,” which under section 6456 of the Code of Virginia, 1919, and acts amendatory thereto, raises a presumption that said encumbrance has been paid, your petitioner prays that in pursuance of said statute the said deed of trust be marked released and discharged. And your petitioner will ever pray, etc.

In the Circuit Court of..

V.

Form of Decree
Plaintiff,
Defendant.

County, Virginia.

In chancery.

It appearing to the court that certain lot of land against which a certain encumbrance is recorded, which

said lot is described as follows:. notice to...........

who is interested in a has given twenty days'

the person entitled to such encumbrance, service ..................................day of...

of which notice was made on the....

19

as will appear from said notice filed with the papers in this cause, that he would apply to this court on the........ ..day of.........

to have marked released and discharged a certain deed of trust from.....
trustee, dated...
day..

to..

18, and recorded in the clerk's office of this court in D. B..

p..

And it further appearing to the court that the said..

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18........,

has this day been called in open court and hath not appeared or answered; And it further appearing that, more than twenty years have elapsed since the maturity of said encumbrance, raising a presumption of payment, which was not rebutted at this hearing, the court in pursuance of section 6456 of the Code of Virginia, 1919, doth adjudge, order and decree that the clerk of this court do enter on the margin of the page of the book wherein said deed of trust is recorded, as aforesaid, that, more than twenty years having elapsed since the maturity of said encumbrance, a presumption of payment is raised, which was not rebutted at this hearing; which entry when so made shall operate as a release and discharge of said deed of trust.

For article on "Marginal Release of Trust Deed," see 7 Va. Law Reg. (N. S.) 161.

Sec. 6457. For article on "Marginal Release of Trust Deeds," see 7 Va. Law Reg. (N. S.) 161.

Sec. 6458. For article on the "Examination of Titles in Virginia," see 5 Va. Law Reg. (N. S.) 817.

Sec. 6462. For article on the "Examination of Titles in Virginia," see 5 Va. Law Reg. (N. S.) 817.

Sec. 6463. Formerly section 3560, Code 1904.

This section and sections 6463, 6464 and 3391 in respect to the docketing and indexing of judgments, require the docket to show the names of all the parties to the judgment. These names must be set out and the omission of the Christian name is fatal to lien of the judgment. Richardson v. Gardner, 128 Va. 676, 105 S. E. 225.

Sec. 6464. For article on the "Examination of Titles in Virginia," see 6 Va. Law Reg. (N. S.) 817.

Formerly section 3561, Code 1904.

This section and sections 6463, 6464 and 3391 in respect to the docketing and indexing of judgment, require the docket to show the names of all the parties to the judgment. These names must be set out and the omission of the Christian name is fatal to lien of the judgment. Richardson v. Gardner, 128 Va. 676, 105 S. E. 225. Cited but not construed in Harris v. Gwathmey, 130 Va. 277, 107 S. E. 658.

Sec. 6468. For article on the "Examination of Titles in Virginia," see 5 Va. Law Reg. (N. S.) 817.

Sec. 6469. Upon expiration of the year following decedent's death within which creditors have lien upon land, the land where conveyed by bona fide conveyance, is not liable for creditors' debts under Code 1919, section 5397, unless suit shall have been commenced and lis pendens docketed as required by this section, or unless a report has been filed of the debts and demands of ereditors. Heeke v. Allan, 127 Va. 65, 102 S. E. 655.

For article on the "Examination of Titles in Virginia," see 5 Va. Law Reg. (N.S.) 817.

For article by Judge Martin P. Burks on "The Code of 1919, citing this section, see 5 Va. Law Reg. (N. S.) 97.

I,.

EDITOR'S FORM OF MEMORANDUM OF LIS PENDENS

complainant in the suit hereinafter mentioned, do hereby file in the Clerk's Office of the Chancery Court of the City of Richmond, Virginia, under section 6469 of the Code of Virginia, this memorandum, of

lis pendens bearing date on the....

for admission to record in said Clerk's Office:

(1). The title of the cause is......

(2). The general object thereof is..

..day of..

19......,

(3). The cause is pending in the Chancery Court of the City of Richmond, Virginia.

(4). The amount of the claim asserted by the plaintiff is...

(5). The description of the property is as follows:..

(6). The name of the person whose property is intended to be affected is

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a Notary

This day personally appeared before me. Public in and for the City aforesaid, in the State of Virginia in my said City, whose name is signed to the foregoing writing bearing ..day of..

date on the.
edged the same before me.
My commission expires on the..
Given under my hand this.

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day of.. day of

Clerk of the..

19, and acknowl

19.

19...

Notary Public.

Court of the..

the

of Virginia, pursuant to section 6469 of the Virginia Code, do hereby authenticate the foregoing memorandum of lis pendens and I do hereby certify that on day of.. 19........, suit was instituted and is now pending by.. .against... aforesaid court whose title, general object, amount of the claim asserted, description of the property affected, as well as the name of the person whose property is intended to be affected are as above set forth in this memorandum.

in the

Clerk.

In a revisor's note to this section it is stated that "under the former law, there was doubt and uncertainty as to how the memorandum should be authenticated. The present section settles the question." Yet, it is doubtful if any question under the Code has caused any more speculation than the meaning of "authenticate," as above used, therefore, the above is merely a suggestion.

It was contended that the case was one to enforce the lien of a judgment, not an action to recover land, and therefore, section 5805 of the Code of 1919 did not apply; and that under this and section 6472, their lien was valid and enforceable. It is true that under section 6472 of the Code the lien of a judgment may be indefinitely continued against the land of the judgment debtor in his possession, or of others holding titles derived from and in privity with him. But obviously the same rule cannot be applied to strangers who have acquired a perfect legal_title not in privity with but adversely to the title of the judgment debtor. In other words, the life of a judgment may be indefinitely prolonged as to any property upon which it can operate, but whenever the right of the judgment debtor to make an entry on or bring an action to recover any land held adversely is tolled by section 5805, the right of his judg ment creditor to subject such land to the satisfaction of the judgment also ceases. The lien is a vested right, but not more so than the title to which the lien attaches, and when the statute destroys the latter it necessarily destroys the former. McClanahan's Ad'mr. v. N. & W. Ry. Co., 122 Va. 705, 96 S. Ě.

453.

Sec. 6470. Formerly section 3567, Code 1904. In all cases in Virginis since the amendment of this section (3567) the exercise of the power to enter judgment nunc pro tunc pre-supposes the actual rendition of a judgment; and a mere right to a judgment will not furnish the basis for such an entry. Cox v. Hagan, 125 Va. 656, 100 S. E. 666. It may be used to make the record speak the truth, but not to make it speak what it did not speak but ought to have spoken idem.

Sec. 6471. A judgment creditor cannot, by filing his petition and prov ing his judgment in a partition suit in one county preserve his lien on land in another county as against a purchaser thereof for value and without notice. Murphy's Hotel Co. v. Benet, 119 Va. 157, 89 S. E. 104.

Formerly section 3570, Code 1904. This section and sections 6463, 6464 and 3391 in respect to the docketing and indexing of judgments, require the docket to show the names of all the parties to the judgment. These names must be set out and the omission of the Christian name is fatal to lien of the judgment. Richardson v. Gardner, 128 Va. 676, 105 S. E. 225.

Sec. 6472. Equity has jurisdiction of a bill to enforce a judgment lien under this section, and having acquired jurisdiction for this purpose, it will go on and do complete justice between the parties, even to the extent of enforceing purely legal demands of which it would not otherwise have jurisdiction. Steinman v. Clinchfield Coal Corp., 121 Va. 611, 93 S. E. 684.

See also notes to section 6470, herein.

Sec. 6474. When suit to enforce lien of judgment barred in equity. No suit shall be brought to enforce the lien of any judgment heretofore or hereafter rendered upon which the right to issue an execution, or bring a scire facias, or an action, is barred by sections sixty-four hundred and seventy-seven and sixty-four hundred and seventy-eight, nor shall any suit be brought to enforce the lien of any judgment, heretofore or hereafter rendered, against lands which have been conveyed by the judgment debtor to a grantee for value, unless the same be brought within ten years from the due recordation of the deed from such judgment debtor to such grantee. This section so far as it affects such grantees for value or those claiming under them, shall apply as well to judgments in favor of the Commonwealth as to other judgments. (1922, p. 570. In force January 1, 1923.)

For article by Judge Martin P. Burks on "The Code of 1919," citing this section, see 5 Va. Law Reg. (N. S.) 97.

Sec. 6476. Formerly section 3575, Code 1904. Cited but not construed in Boatright v. Litz, 125 Va. 613, 100 S. É. 547.

Sec. 6477. As used in this section, providing that on a judgment execution may issue within a year, may is permissive whereas shall as used in section 6055 of the Code, providing that process shall be returnable within ninety days after its date, was mandatory. Johnson v. Pearson, 121 Va. 453, 93 S. E.

640.

For note on "Validity of Process Returned to Rules on Tuesday or Wednesday instead of on Monday," see 5 Va. Law Reg. (N. S.) 286, but see section 6055.

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judgment on the

:

on the.

obtained a judgment in the.
day of

for the sum of..

19..

19.

with lawful interest until paid, and

dollars costs; that a writ of fieri facias issued on said

...day of...

day of...
day of..

19.

returnable 19........, and was .on the.

to said court on the.. delivered into the hands of the sheriff of.. day of 19; that such writ of fieri facias is a lien from the time it was delivered into the hands of the said officer to be executed upon all personal estate of or to which the said judgment debtor is now or may afterwards and on or before said return day of said writ becomes possessed or entitled; that all persons who are now or may hereafter become indebted to the said judgment debtor are hereby given notice of the said writ of fieri facias and the

fact that they will be affected by such notice, and held responsible accordingly for any payment made to said judgment debtor, or anyone for him, after receipt of this notice.

Given under my hand this..

Sec. 6503.

..day of...

By.

EDITOR'S FORM OF SUMMONS

19..........

p.q.

The Commonwealth of Virginia, to the Sheriff of the County of......

Greeting:

We command you that you summon. a commissioner in chancery of the.

at..

.in...

.o'clock..

on the...

M., then and

as may be legally propounded to....

the said.

the said.

the said

day of

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at his office 19........ there to answer such interrogatories in order to ascertain the estate of

..upon which the execution in favor of..

..against

is a lien, or any real estate in or out of this State to which
is entitled; which execution was issued on the..
19. by the clerk of the circuit court of said county, upon

a judgment obtained in the..

for.

said..
thereon from the..

costs, and made returnable to the..

hands of...

o'clock..

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dollars and.. day of...

day of...

..day of..

Clerk of..

on the........

.M.

Given under my hand this..

19.........

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This day personally appeared before me, the undersigned, a... in and for the county aforesaid, in the State of Virginia,.

who made oath before me in my said county that he is the tenant in the proceedings aforesaid, whose property has been levied on by virtue thereof, and that he is unable to give the bond required by section 6518 of the Code of Virginia, and that he has a valid defense to said proceedings under section 6522 of the Code of Virginia.

Given under my hand this..

Sec. 6521.

day of..

19.........

EDITOR'S FORM OF NOTICE OF MOTION For Judgment AND EXECUTION ON FORTH-COMING BOND

19..

day of...

of said..

with a condition
in the..
has sued
by virtue
deputy for

To.... A bond having been executed by you on the.. payable to..... in the penalty of $.. whereby, after reciting that upon a judgment obtained by. court of the.. against the said.. out a writ of fiere facias directed to the.. whereof certain goods and chattels had been taken by. to satisfy the said execution, the amount whereof fee and commissions and it was provided that if the said.. chattels forth-coming on the... ..day of being the day and place of sale appointed

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