CHAP. 91.—An ACT to amend and re-enact section 2460 of the
code of Virginia, relating to suits to avoid certain conveyances.

Approved February 22, 1890.

1. Be it enacted by the general assembly of Virginia,
That section twenty-four hundred and sixty of the code of
Virginia be amended and re-enacted so as to read as fol-
OWS :

82460. A creditor before obtaining a judgment or decree
or his claim, may institute any suit which he might insti-
ute after obtaining such judgment or decree to avoid a
rift, conveyance, assignment or transfer of or charge upon
he estate of his debtor declared void by either of the two
preceding sections; and he may in such suit have all the
relief in respect to said estate which he would be entitled
to after obtaining a judgment or decree for the claim
which he may be entitled to recover. A creditor availing
himself of this section shall have a lien from the time of
bringing his suit on all the estate, real and personal, here-
inbefore mentioned, and a petitioning creditor shall be
entitled to the like lien from the time of filing his petition
in the court or in the clerk’s office of the court in which
the suit is brought; but such lien shal] not be valid against
creditors and purchasers for valuable consideration with-
out notice until and except from the time a memorandum
setting forth the title of the cause, the genera] object
thereof, the court wherein it is pending, the amount of
the claim asserted by the complainant or the petitioner, a
description of the property, and the name of the person
whose estate is intended to be affected thereby, shall be
left with the clerk of the county or corporation wherein
the property is, who shall forthwith record the said mem-
orandum in the deed-book, and index the same in the name
of the person aforesaid. If the proceeds of sale be insuffi-
cient to satisfy the claims of all the creditors whose liens
were acquired on the same day, they shall be applied rata-
bly to such claims. :

2. This act shall be in force from ite passage.