The Virginia Law Register Volume 9

The Virginia Law Register Volume 9

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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. 1904 edition. Excerpt: ...and that there is nothing on the face of the deed to indicate that it embraces, or was intended to embrace, the mill tract, or any part of it. As the grantor, T. G. Hudson, had years before parted with the possession and all beneficial interest therein to a purchaser who had erected a valuable flouring mill on the property, the preSllmption is that it was not intended to be embraced in the deed of trust. At all events, where the description of the subject-matter of a deed is too vague and uncertain to be self-explanatory, the burden rests upon those claiming under it to show to what it truly applies. "Evidence aliunde is admissible in all cases where there is a doubt as to the true location of the survey, or a question as to the application of a grant to its proper subject-matter." Reusens v. Lawson, 91 Va. 226, 235, 21 S. E. 347. In this case no evidence was adduced for that purpose, and, although Foglesong twice gave his deposition in the cause, he made I10 claim that the Elliott mill property was included in his trust deed, and no denial that he had actual notice of the prior sale. On the contrary, the evidence on behalf of appellee shows conclusively that only one-sixteenth of an acre of the land in controversy (the part on which the mill house stands) was ever owned by GR Hud' son, that F oglesong had actual notice of the fact that it 'had been previously sold, and that he never asserted any claim to la hen therel; on. In the answer of T. G. Hudson to an amended bill, 110 Whlljc Foglesong was a party, the following language occurs: As to E Bis Fogles0ng's deed of trust, this trust deed only P1'Pe1'1_y embmcef the land owned by respondent at the time of the execution theretflil, and does not, more

Product details

  • Paperback | 450 pages
  • 189 x 246 x 23mm | 798g
  • United States
  • English
  • black & white illustrations
  • 1236958349
  • 9781236958341