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Cases Decided in the Supreme Court of Appeals of Virginia Volume 89 download ebook
Cases Decided in the Supreme Court of Appeals of Virginia Volume 89 download ebook

Cases Decided in the Supreme Court of Appeals of Virginia Volume 89. U S Government

Cases Decided in the Supreme Court of Appeals of Virginia Volume 89
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Author: U S Government
Page Count: 316 pages
Published Date: 14 Jan 2013
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781234125059
File size: 33 Mb
Download Link: Cases Decided in the Supreme Court of Appeals of Virginia Volume 89
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ... the pleadings, and nothing is better settled than that the statute, to be availed of, must be pleaded. H1-kman v. Slow, 2 Leigh 6; Smilh v. Hutc/zinsort, 78 Va. 683. Indeed, not only was the statute not relied on in the court below, but the amended bill prays, specifically, that proceedings under the deed of trust be enjoined, and that the parties entitled to the judgment be required to enforce it in the usual way. It is, moreover, a general rule, universally recognized, that a decree has to he founded on the allegala as well as the probaia of the case; otherwise the pleadings, instead of being a shield to protect parties from surprise, would be a snare to entrap them. Putnam v. Day, 22 VVall. 60; jlmui'_1/ v. Vawter, 3 Gratt. 518; 1 Bart. Ch. Pr. 260. But, according to the rule established in Virginia, the debt was not merged in the judgment, nor was the deed of trust security, in any way affected by the judgment. Undoubtedly the bond, the original evidence of the debt, was merged in the judgment, but the character of the debt was not changed; that remained the same. This court has repeatedly called attention to the distinction between a mortgage, deed of trust, and a vendor's lien, and mere personal securities for the payment of money of any class or grade whatever.- And the rule has been recognized that no change in the evidence of the debt, or anything short of actual payment or an express release, will operate to discharge the lien; that the latter remains until the debt is satisfied, and is not affected by a judgment at law merging the original evidence of the debt. 2 Jones, Mortg., sec. 924; Ilanna v. Wilson, 3 Gratt. 232; Gales v. Withers, 33 Id. 186; Bowie v. Poor School Society, 75 Va. 300; Stimpson v. Bishop, 82...

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