Chap. 524.—An ACT to amend and re-enact section 5186 of the Code of Virginia,
which section is in chapter 210 of the said Code on acts which are valid be-
tween the parties, but void as to creditors and purchasers. [H B 117}

Approved March 25, 1926.

1. Beit enacted by the general assembly of Virginia, That section
fifty-one hundred and eighty-six of the Code of Virginia, be amended
and re-enacted so as to read as follows:

Section 5186. Judgment or decree not necessary before suit by
creditor to avoid gift, transfer, et cetera, of debtor’s estate; measure
of relief; extent of lien given creditor; how perfected against creditors
and purchasers.—A creditor before obtaining a judgment or decree
for his claim may, whether such claim be due and payable or not, in-
stitute any suit which he might institute after obtaining such judg-
ment or decree to avoid a gift, conveyance, assignment, or transfer of
or charge upon the 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 to which he would be entitled 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, herein-
before mentioned, and a petitioning creditor shall be 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. If the proceeds of sale
be insufficient to satisfy the claims of all the creditors whose liens were
acquired at the same time they shall be applied ratably to such claims,
and the court may make a personal decree against the debtor for any
deficiency remaining on the claim of any creditor after applying there-
to his share of the proceeds of sale, or if he be not entitled to share in
such proceeds, may render a personal decree against the debtor for the
full amount of the creditor’s claim. And in any such case if the gift,
deed, assignment, transfer, or charge be declared void, the court shall
allow counsel for the creditors a reasonable attorney's fee to be paid
out of the proceeds of sale as others costs are paid provided the attor-
ney’s fee allowed does not affect a prior lien creditor not represented
by said attorney. This section is subject to the provisions of section
sixty-four hundred and sixty-nine.