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4 Va. 445

Ogg v. Randolph

Virginia Chancery Court

Decided June 15, 1809

Virginia Chancery Court · decided 1809-06-15

THE bill in this case was filed to assist the plaintiff in executing his process of execution, which had been levied on some tobacco of the defendant Randolphs, in one of the public warehouses, as there appeared to be a well founded apprehension, that he might demand his notes for the same, of the inspectors, who by law would be compelled to deliver them ; and, therefore, an injunction for their indemnity was awarded, upon the condition that the plaintiff would consent to a…

Decided 1809-06-15

By the Chancellor.

¶1The deed not having been recorded as prescribed by law, as to creditors, is as to them, clearly void: the injunction must be made perpetual, and the plaintiff allowed to take the proceeds of the tobacco out of bank.

¶2The defendant Randolph to pay costs.

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