CHAPTER 309

An Act to amend and reenact §§ 8-386 as amended, and 55-96 of the Code of
Virginia, relating, respectively, to docketing of judgments or decrees
and recording of certain instruments relating to real estate and
personal property; and to repeal § 8-390 of the Code of Virginia
relating to notice of liens of judgments. 3 906
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Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. That §§ 8-386 as amended, and 55-96 of the Code of Virginia be
amended and reenacted as follows:

§ 8-886. Every judgment for money rendered in this State by any
state or federal court or by confession of judgment, as provided by law,
shall be a lien on all the real estate of or to which the defendant in the
judgment is or becomes possessed or entitled, from the time such judg-
ment is recorded on the judgment lien docket of the clerk’s office
of the county or city where such land is situated; provided, however, when
a judgment is revived under the provisions of § 8-396, that such revived
judgment shall not be a lien as prescribed in this section unless and until
such judgment is again docketed as provided herein. In such event the
lien shall be effective from the date of the original docketing. Any judg-
ment or decree properly docketed under the provisions of this section shall,
if the real estate subject to the lien of such judgment has been annexed to
or merged with an adjoining city subsequent to such docketing, be deemed
to have been docketed in the proper clerk’s office of such city.

§ 55-96. Every such contract in writing, and every deed conveying
any such estate or term, and every deed of gift, or deed of trust, or
mortgage conveying real estate or goods and chattels and every such bill
of sale, or contract for the sale of goods and chattels, when the possession
is allowed to remain with the grantor, shall be void as to all purchasers for
valuable consideration without notice not parties thereto and lien credi-
tors, until and except, from the time it is duly admitted to record in the
county or corporation wherein the property embraced in such contract,
deed or bill of sale may be, but the mere possession of real estate shall
not of itself be notice to purchasers thereof for value of any interest or
estate therein of the person in possession. A recordation under the provt-
sions of this section shall, when any real estate subject to the lien of any
such contract has been annexed to or merged with an adjoining city subse-
quent to such docketing, be deemed to have been recorded in the proper
clerk’s office of such city. A recordation under this section shall not
affect the rights of a creditor, acquired under § 55-152.

The clerk of each court in which any such instrument is by law re-
quired to be recorded shall keep a daily index of all such instruments
admitted to record in his office, and, immediately upon admission of any
such instrument to record, the clerk shall index the same either in the
daily index or the appropriate general index of his office. All instruments
indexed in the daily index shall be indexed by the clerk in the appropriate
general index within ninety days after admission to record. During the
period permitted for transfer from the daily index to the general index,
indexing in the daily index shall be a sufficient compliance with the
requirements of this section as to indexing.

2. That § 8-390 of the Code of Virginia is repealed.