Callahan v. Young

Citations

• 90 Va. 574
• 19 S.E. 163
• 1894 Va. LEXIS 25

Syllabus

<p>1. Conditional Sales — -Void unless recorded. — A conditional sale of goods reserving title to seller is void as to creditors of, and purchasers from, purchaser without notice, unless'recorded. Code, $2462.</p> <p>2. Idem— When to he recorded. — Clerk is required' to admit to record a writing as to any person whose name is signed thereto, when same has been acknowledged by him, or proved as to him by two witnesses in court or before clerk in his office. Code, \\ 2500.</p> <p>3. Idem — Memorandum,.-—Acts 1889-’90, p. 108, amending Code, $ 2462, provides that clerk shall from the original contract, docket and index a memorandum setting forth the date thereof, the amount due therein and a brief description of the goods, and that such docketing and indexing shall have the same effect as if the contract were recorded according to Code 1887, chapter 109.</p> <p>4. Mandamus — Case at bar. — In the case here, held, a mandamus will not be awarded to compel the clerk to docket and index such memorandum unless the original contract has been produced before him and proved or acknowledged as prescribed by law.</p>