8.01-464 - Order of liability between alienees of different parts of estate. - Virginia Statutes

§ 8.01-464. Order of liability between alienees of different parts of estate.

When the real estate liable to the lien of a judgment is more than sufficientto satisfy the same, and it, or any part of it, has been aliened, as amongthe alienees for value, that which was aliened last, shall, in equity, befirst liable, and so on with other successive alienations, until the wholejudgment is satisfied. And as among alienees who are volunteers under suchjudgment debtor, the same rule as to the order of liability shall prevail;but as among alienees for value and volunteers, the lands aliened to thelatter shall be subjected before the lands aliened to the former are resortedto; and, in either case, any part of such real estate retained by the debtorshall be first liable to the satisfaction of the judgment. An alienee forvalue, however, from a volunteer shall occupy the same position that he wouldhave occupied had he purchased from the debtor at the time he purchased fromthe voluntary donee.

(Code 1950, § 8-395; 1977, c. 617.)