Chap. 566.—An ACT to amend and re-enact an act approved February 22, 1890,
entitled an act to amend and re-enact section 2460 of the code of Virginia,
relating to suits to avoid certain conveyances.

Approved March 2, 1894.

1. Be it enacted by the general assembly of Virginia, That an act
approved February twenty-second, eighteen hundred and ninety, en-
titled an act to amend and re-enact section twenty-four hundred and
sixty of the code of Virginia, relating to suits to avoid certain cen-
veyances, be amended and re-enacted so as to read as follows:

§ 2460. A creditor, before obtaining a judgment or decree for his
claim, may, whether such clarm be due and payable or not, institute any
suit which he might institute after obtaining such judgment or de-
cree, to avoid a gift, conveyance, assignment or transfer of or charge
upon the estate of his debtor, declured-voidnby either of the two pre-
ceding 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, hereinbefore mentioned, and a petitioning creditor shall
he entitled to a 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 shall not be valid against creditors and purchasers
for valuable consideration without notice, until and except from the
time a memorandum setting forth the title of the cause, the general
object thereof, the court wherein it is pending, the amount of the
claim asserted by the complainant, 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 court of the county or
“orporation wherein the property is, who shall forthwith record the
aid memorandum in the deed-book, and index the same in the name
yf the person aforesaid. If the proceeeds of sale be insufficient to
iatisfy the claims of all the creditors whose liens were acquired on
he same day, they shall be applied ratably to such claims. And in
iny auch case, if the gift, deed, assignment, transfer or charge be declared
nid, the court may make a decree against the debtor in favor of any credt-
or whose claim shall have been proved in the suit for the amount of such
laim, or for the balance due thereon after applying thereto the share of the
roceeds of the sale of the estate to which such creditor may be entitled.
2. This act shall be in force from its passage.