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

Report of Cases Determined by the Supreme Court of Appeals 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: ...only in that mode prescribed by statute. That rule applies and should be limited to those parts of the execution of the deed in which she participates, and designed for her protection, the privy examination, the legal certificate giving the required elements of that examination, and her delivery of the deed; but how does the reason of that rule apply to the act of the clerk in recording? And in this connection I say that I know that the general rule is that equity will not aid to cure defects or supply omissions in the privy examination and certificates to deeds of married Women. That is the extent to which the cases go. Leftwich v. Neal, '7 W. Va. 569; Laidley v. Land Company, 32 Id. 134; Bank v. Paul, '75 Va. 594; Wynn V. Southand, 86 Va. 946. But I think that rule does not apply Where the lack is only recordation. It seems a mockery upon that justice which should be meted out by a court to give a construction to a statute which would, for a want of mere recordation of a deed otherwise perfect, defeat its effect, defeat the intent of parties, rob a purchaser of his just rights, and allow a gross and crying wrong to be done him. Here is a case where a deed is made and delivered, and possession under it for eight or nine years. Under it an oil company has bored four wells, costing thousands of dollars, and when by this outlay it has developed oil, Snodgrass, with actual knowledge of its right' and the rights of its lessors, as evinced by the deed to him, and if that were not so, with legal notice from possession and admitted actual notice of the oil works on the land, steps in and for the pittance of fifty dollars gets a deed from a weak woman, so illiterate that she does not write her name, and is to take the land from Smith and...
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Product details

  • Paperback | 316 pages
  • 189 x 246 x 17mm | 567g
  • United States
  • English
  • black & white illustrations
  • 1236807049
  • 9781236807045