55-158 - Questioning claim of creditor and determination thereof. - Virginia Statutes

§ 55-158. Questioning claim of creditor and determination thereof.

Any creditor of the assignor who questions the validity of any othercreditor's claim or the trustee if he questions the validity of any claim mayfile, within thirty days after the recordation of the deed a petition againstthe creditor whose claim is questioned in the court which would havejurisdiction if the suit was brought by the creditor whose claim isquestioned against the assignor, and the burden of proof shall be upon thecreditor whose claim is questioned. Upon the filing of such petition thecourt, or the judge of such court in vacation, may order the party whoseclaim is questioned to appear at such time as it thinks right and proper todefend such claim and the court shall determine the matter in a summary way.

(1924, p. 658; Michie Code 1942, § 5278c.)