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UNITED STATES v. SMITH

161 S.E.2d 709 (1968)

209 Va. 5

UNITED STATES of America v. T. Eugene SMITH and Burch Millsap, Trustees for Jefferson Manor Venture, a Partnership.

Supreme Court of Appeals of Virginia.

June 10, 1968.

Attorney(s) appearing for the Case

Stephen H. Paley, Washington, D. C., (Claude V. Spratley, Jr., U. S. Atty., Stefan C. Long, Asst. U. S. Atty., on brief), for plaintiff in error.

Carrington Williams, Fairfax (Bauknight, Prichard, McCandlish & Williams, Fairfax, on brief), for defendants in error.

Before EGGLESTON, C. J., and BUCHANAN, SNEAD, I'ANSON, CARRICO, GORDON, and HARRISON, JJ.

EGGLESTON, Chief Justice.

T. Eugene Smith and Burch Millsap, trustees for Jefferson Manor Venture, filed in the court below a petition against the United States of America and James D. Swinson, Sheriff of Fairfax County, seeking to enforce the collection of a $3,000 claim for rent due Jefferson Manor, the landlord, out of the proceeds of $3,466 derived from the sale of certain property of Dixie Dime Stores, Incorporated, the tenant, by the sheriff under two distress...

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