                                 CODE OF VIRGINIA

WHEN PERSON NOT A PARTY, ETC., MAY TAKE OR SUE UNDER INSTRUMENT (§ 55.1-119)

An immediate estate or interest in or the benefit of a condition respecting any
estate may be taken by a person under an instrument, although he is not a party
to such instrument; and if a covenant or promise is made for the benefit, in
whole or in part, of a person with whom it is not made, or with whom it is made
jointly with others, such person, whether named in the instrument or not, may
maintain in his own name any action thereon that he might maintain as though it
had been made with him only and the consideration had moved from him to the
party making such covenant or promise. In such action, the covenantor or
promisor shall be permitted to make all defenses he may have, not only against
the covenantee or promisee, but also against such beneficiary.

HISTORY: Code 1919, § 5143; Code 1950, § 55-22; 2019, c. 712.