Clinch River Veneer Co. v. Kurth

Citations

• 90 Va. 737
• 19 S.E. 878
• 1894 Va. LEXIS 56

Syllabus

<p>1. Deed op Married Women — Defective acknowledgment. — Where certificate of acknowledgment to deed of a married woman in 1887, failed to state that she acknowledged the same to be her act, and that she willingly executed it: held, the deed is void.</p> <p>2. Idem — Executory contract — Case at bar. — Deed defectively acknowledged may not pass the legal title, but may be enforceable in equity as an exe-cutory contract, and will uphold a trust deed made on faith of it, especially where the one as to whom it is defective, makes no objection on that account and is ready to carry out her part of the contract and receive the money intended to be secured to her by the trust deed.</p> <p>3. Trust Deed — Acknowledgment before trustee. — A. deed of trust acknowledged for recordation by the grantor before the trustee, is void.</p> <p>4. Idem — Corporation—Creditors.—A deed of trust executed by a corporation will inure ratably to the benefit of all its then creditors, except where it is executed to secure a debt contracted or money borrowed at the time of its execution. Code 1873, ch. 57, \\ 63.</p>