§ 8.01-370. Claimant may give suspending bond; proceedings to have titlesettled; action on indemnifying or suspending bond.
The sale of any property levied on under a fieri facias or distress warrantshall be suspended at the instance of any claimant thereof who will deliverto the officer a suspending bond, with good security, in a penalty equal todouble the value thereof, payable to such officer, with condition to pay toall persons who may be injured by suspending the sale thereof, until theclaim thereto is adjudicated or otherwise adjusted, such damage as they maysustain by such suspension. If the property claimed to be liable by virtue ofsuch process is in the possession of any of the parties against whom suchprocess was issued, but is claimed by any other person, or is claimed tobelong to any other person, the officer having such process in his hands tobe executed shall, whether an indemnifying bond has been given or not, afternotice to the claimant, or his agent, proceed to execute the samenotwithstanding such claim, unless the claimant of such property or someonefor him shall give the suspending bond aforesaid, and shall within thirtydays after such bond is given proceed to have the title to such propertysettled in accordance with the provisions of this chapter. And in case suchclaimant or someone for him fails to give a suspending bond, or having givensuch bond fails to have such proceedings instituted to settle the titlethereto, the claimant shall be barred from asserting such claim to theproperty and the sale of the property shall proceed. For the purpose of thissection, a person making a claim of ownership of property on behalf ofanother shall be deemed to be the latter's agent, and the notice required bythis section may be verbal or in writing. Upon any such indemnifying orsuspending bond as is mentioned in this section or § 8.01-369 an action maybe prosecuted in the name of the officer for the benefit of the claimant,creditor, purchaser, or other person injured, and such damages recovered insuch action as a jury may assess. The action may be prosecuted and a writ offieri facias had in the name of such officer when he is dead in like manneras if he were alive.
§ 8.01-370. Claimant may give suspending bond; proceedings to have titlesettled; action on indemnifying or suspending bond.
The sale of any property levied on under a fieri facias or distress warrantshall be suspended at the instance of any claimant thereof who will deliverto the officer a suspending bond, with good security, in a penalty equal todouble the value thereof, payable to such officer, with condition to pay toall persons who may be injured by suspending the sale thereof, until theclaim thereto is adjudicated or otherwise adjusted, such damage as they maysustain by such suspension. If the property claimed to be liable by virtue ofsuch process is in the possession of any of the parties against whom suchprocess was issued, but is claimed by any other person, or is claimed tobelong to any other person, the officer having such process in his hands tobe executed shall, whether an indemnifying bond has been given or not, afternotice to the claimant, or his agent, proceed to execute the samenotwithstanding such claim, unless the claimant of such property or someonefor him shall give the suspending bond aforesaid, and shall within thirtydays after such bond is given proceed to have the title to such propertysettled in accordance with the provisions of this chapter. And in case suchclaimant or someone for him fails to give a suspending bond, or having givensuch bond fails to have such proceedings instituted to settle the titlethereto, the claimant shall be barred from asserting such claim to theproperty and the sale of the property shall proceed. For the purpose of thissection, a person making a claim of ownership of property on behalf ofanother shall be deemed to be the latter's agent, and the notice required bythis section may be verbal or in writing. Upon any such indemnifying orsuspending bond as is mentioned in this section or § 8.01-369 an action maybe prosecuted in the name of the officer for the benefit of the claimant,creditor, purchaser, or other person injured, and such damages recovered insuch action as a jury may assess. The action may be prosecuted and a writ offieri facias had in the name of such officer when he is dead in like manneras if he were alive.
§ 8.01-370. Claimant may give suspending bond; proceedings to have titlesettled; action on indemnifying or suspending bond.
The sale of any property levied on under a fieri facias or distress warrantshall be suspended at the instance of any claimant thereof who will deliverto the officer a suspending bond, with good security, in a penalty equal todouble the value thereof, payable to such officer, with condition to pay toall persons who may be injured by suspending the sale thereof, until theclaim thereto is adjudicated or otherwise adjusted, such damage as they maysustain by such suspension. If the property claimed to be liable by virtue ofsuch process is in the possession of any of the parties against whom suchprocess was issued, but is claimed by any other person, or is claimed tobelong to any other person, the officer having such process in his hands tobe executed shall, whether an indemnifying bond has been given or not, afternotice to the claimant, or his agent, proceed to execute the samenotwithstanding such claim, unless the claimant of such property or someonefor him shall give the suspending bond aforesaid, and shall within thirtydays after such bond is given proceed to have the title to such propertysettled in accordance with the provisions of this chapter. And in case suchclaimant or someone for him fails to give a suspending bond, or having givensuch bond fails to have such proceedings instituted to settle the titlethereto, the claimant shall be barred from asserting such claim to theproperty and the sale of the property shall proceed. For the purpose of thissection, a person making a claim of ownership of property on behalf ofanother shall be deemed to be the latter's agent, and the notice required bythis section may be verbal or in writing. Upon any such indemnifying orsuspending bond as is mentioned in this section or § 8.01-369 an action maybe prosecuted in the name of the officer for the benefit of the claimant,creditor, purchaser, or other person injured, and such damages recovered insuch action as a jury may assess. The action may be prosecuted and a writ offieri facias had in the name of such officer when he is dead in like manneras if he were alive.
