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8.01-497 - Suit by officer to recover estate on which fieri facias is lien.

§ 8.01-497. Suit by officer to recover estate on which fieri facias is lien.

For the recovery of any estate on which a writ of fieri facias is a lienunder this chapter, or on which the judgment on which such writ issues is alien under Chapter 17 (§ 8.01-426 et seq.) of this title, or for theenforcement of any liability in respect to any such estate, a suit may bemaintained, at law or in equity, as the case may require, in the name of theofficer to whom such writ was delivered, or in the name of any other officerwho may be designated for the purpose by an order of the court in which thejudgment is entered. No officer shall be bound to bring such suit unlessbond, with sufficient surety, be given him to indemnify him against allexpenses and costs which he may incur or become liable for by reason thereof.But any person interested may bring such suit at his own costs in theofficer's name.

(Code 1950, § 8-426; 1977, c. 617.)

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