State Codes and Statutes
Statutes > Virginia > Title-55 > Chapter-13 > 55-238§ 55-238. Remedy when rent is to be paid in other thing than money.
When goods are distrained or attached for rent reserved in a share of thecrop, or in anything other than money, the claimant of the rent having giventhe tenant ten days' notice, or, if he be out of the county, having set upthe notice in some conspicuous place on the premises, may apply to the courtto which the attachment is returnable, or the circuit court of the county orthe corporation court of the corporation in which the distress is made, toascertain the value in money of the rent reserved, and to order a sale of thegoods distrained or attached. The tenant may make the same defenses that hecould to a motion on a forfeited forthcoming bond given for rent and may alsocontest the value of what was reserved for the rent. The court shallascertain, either by its own judgment, or, if either party require it, by theverdict of a jury impaneled without the formality of pleading, the extent ofthe liability of the tenant for rent, and the value in money of such rent,and if the tenant has been served with notice shall enter judgment againsthim for the amount so ascertained. It shall also order the goods distrainedor attached, or so much thereof as may be necessary, to be sold to pay theamount so ascertained. The officer charged with the execution of such warrantor attachment shall make return thereof to the clerk's office of the court,showing how he has executed the same. If the goods so directed to be soldprove insufficient to pay the amount of the rent so ascertained, an executionmay be issued on the judgment as in case of other judgments, which may belevied on such property as would be leviable under an execution issued on ajudgment in an action brought to recover the rent.
(Code 1919, § 5529.)
