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Home > History and Archaeology > History > The Encyclopedic Digest of Virginia and West Virginia Reports Volume 3; Being a Complete Encyclopedia and Digest of All Virginia and West Virginia Case Law Up to and Including Volume 103 Virginia Reports and Volume 55 West Virginia Reports
The Encyclopedic Digest of Virginia and West Virginia Reports Volume 3; Being a Complete Encyclopedia and Digest of All Virginia and West Virginia Case Law Up to and Including Volume 103 Virginia Reports and Volume 55 West Virginia Reports

The Encyclopedic Digest of Virginia and West Virginia Reports Volume 3; Being a Complete Encyclopedia and Digest of All Virginia and West Virginia Case Law Up to and Including Volume 103 Virginia Reports and Volume 55 West Virginia Reports


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 Excerpt: ...of creating a trust. Murphy v. Richmond, 111 Va. 459, 464, 69 S. E. 442. Barnes Code, ch. 71, 6. That a deed of trust is void when given by husband or parent on property which has been set apart as exempt from distress or levy in the manner provided by law, is prescribed by statute. Code 1906, ch. 71, 6 (Barnes Code, ch. 71, 6). Taylor v. Belville, 70 W. Va. 484, 45, 74 S. E. 517. XII. WAIVER AND TERMINA TION. A. WAIVER. Va. Code 1919, 6548; 6549 (in recognizance). The right to claim the exemption is merely a personal one. The debtor is not compelled to take advantage of it. He may let his property go to sale, though entitled to exemption, either by choice or neglect. There is no power vested in his wife or children, or other member of his family, to require him to hold it exempt. White v. Owens, 30 Gratt. (71 Va.), 43. His dominion over the property as the owner thereof has not been taken away so that he can not waive the exemption, neglect to claim it, or fail to assert it in the proper way. He must follow the method prescribed by the law when he desires to claim exemption or the right will be lost to him. Since the entire right depends on statutory authority, it must be claimed in accordance therewith. Taylor v. Belville, 70 W. Va. 484, 486, 74 S. E. 517. B. TERMINATION. 2. Expiration. Va. Code 1919, 6550. The main object of 3649, Virginia Code (Va. Code 1919, 6550), in declaring when the homestead exemption shall cease was to fix the time when the judgment lien shall attach to the exempted real estate; and it is declared that it shall not attach except to such real estate as the householder shalr have at the time the exemption ceases, and it shall attach then. Ackiss v. Satchell, 104 Va. 700, 703, 5...


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Product Details
  • ISBN-13: 9781130721218
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 518
  • Spine Width: 26 mm
  • Width: 189 mm
  • ISBN-10: 1130721213
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 916 gr

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The Encyclopedic Digest of Virginia and West Virginia Reports Volume 3; Being a Complete Encyclopedia and Digest of All Virginia and West Virginia Case Law Up to and Including Volume 103 Virginia Reports and Volume 55 West Virginia Reports
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