Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 49
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Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 49

Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 49


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...it must he recorded. The vendee may delay its record to suit his convenience. If it should be duly executed by a married woman and is lost, this loss alone, if the position of appellant s counsel is true, would operate as a reversion of the property to the grantor. It could not be recorded because it was lost, and it could not be re-established because it had not been recorded. This recordation provision was wisely omitted from section six, chapter 73, of the Code by chapter 73, Acts 1891, as will be seen from the section as printed in the Codes of 1891 and 1900, and therefore since the act of 1891 a deed or writing for the conveyance or sale of land in which the wife and husband unite, if properly executed and acknowledged by both, is good beyond question, though not recorded, between the parties and their heirs, though not as to creditors and purchasers for valuable consideration without notice. Why was that requirement of recordation kept in the statute until 1891 through so many years and changes? Why retain it when the recordation could do the woman no good, unless the legislature meant (as it surely did not) to let her get the grantee s money and then defeat her conveyance by forbidding its recordation? I think its presence is only to be thus explained. By common law a married woman could only convey land by a proceeding in a court of record called fine and recovery. This had to be evinced by record. Virginia passed legislation allowing her, on privy examination before a court of record or two justices, to acknowledge the deed, and then it was to be recorded, with such examination in court or in the office. It was settled under the common rule while fine and recovery was the mode in England and acknowledgment...


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Product Details
  • ISBN-13: 9781234136994
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 316
  • Spine Width: 17 mm
  • Width: 189 mm
  • ISBN-10: 1234136996
  • Publisher Date: 14 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 567 gr


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Report of Cases Determined in the Supreme Court of Appeals of the State of West Virginia Volume 49
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