Virginia Cases; Or, Decisions of the General Court of Virginia ..., volume 2
Virginia Cases; Or, Decisions of the General Court of Virginia ..., volume 2
Virginia. General Court, William Brockenbrough
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Sa. ought not to be issued; nor ought a Fieri Fttcias to be issued against a person thus discharged; because, a surrender of all his personal property being a necessary pre-requisite to "his discharge, there if nothing left upon which a Fi, Fa. could operate. It would seem as if the Legislature had considered, that - as the Defendant's imprisonment would itself produce no benefit to the Plaintiff, and as during the continuance of such imprisonment, no other execution could Be resorted to- which... would produce any, they had not only not injured the Plaintiff, but benefited him, by the discharge under the insolvent oath; as the Plaintiff, by the necessity of the Defendant's surrendering all his real and personal estate, got the beneEt of a Fi. Fa, and more than the benefit of ' an Elegit ^ in the sale of both descriptions of property. Indeed, it was formerly held, that if a person taken on a Ca. Sa. died in execution, the Plaintiff had no further re- medy. See Bac, Ahr, tit, ^*^ Execution,^' let.
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