§ 64.1-114. Substitution of supposed decedent in pending actions; reopening of judgments; effect of judgment...
After revocation of the order determining death the person erroneously supposed to be dead may, on suggestion filed of record of the proper fact, be substituted as plaintiff in all actions brought by his personal representative, whether prosecuted to judgment or otherwise. He may, in all actions previously brought against his personal representative, be substituted as defendant, on proper suggestion filed by himself, or of the plaintiff therein, but shall not be compelled to go to trial in less than three months from the time of such suggestion filed. Judgments recovered against the personal representative before revocation as aforesaid of the letters may be opened, on application by the supposed decedent made within three months from the revocation and supported by affidavit, denying specifically, on the knowledge of the affiant, the cause of the action, in whole or in part, or specifically alleging the existence of facts which would be a valid defense; but, if within such period of three months, such application shall not be made or, being made, the facts exhibited shall be adjudged an insufficient defense, the judgment shall be conclusive to all intents, saving the defendant's right to have it reviewed, as in other cases, by certiorari, appeal or writ of error. After the substitution of the supposed decedent as defendant in any judgment, as aforesaid, it shall become a lien upon his real estate in the county or city and shall so continue as other judgments, unless and until it shall be set aside by the court below or reversed in the Supreme Court.
(Code 1950, § 64-110; 1968, c. 656; 1971, Ex. Sess., c. 156; 2006, c. 351.)
Sections: Previous 64.1-105 64.1-105.1 64.1-106 64.1-106.1 64.1-107 64.1-108 64.1-109 64.1-110 64.1-111 64.1-112 64.1-113 64.1-114 64.1-115 NextLast modified: April 3, 2009