Henning v. Fisher

Citations

• 6 W. Va. 238
• 1873 W. Va. LEXIS 30

Syllabus

<p>Syllabus.</p> <p>1. The recordation of a deed by a Clerk of a County Court, -who continued to exercise his office after the State had passed the ordinance of secession, but while the County was under the Military power of the Confederates, was a valid recordation, and must be so recognized in all judicial proceedings.</p> <p>2. K. conveyed F., by deed, a house and lot, which deed was duly recorded on the 16th day of March, 1863, subsequent to^the docketing of two judgments by a judgment creditor of H — s. F. after-wards sold the house and lot to H. At the request of F., H. executed two bonds in favor of M. for $1,000 of the money, and delivered them to M. who, in consideration thereof, surrendered to F. a bond held on F. by’him, (M.) and released the security thereon. M. obtained judgment on the bonds against H. H. then filed a bill in equity against K. F. and M. enjoining the collection of the judgment, on the ground of judgment liens existing on the property.</p> <p>Held,</p> <p>'That as to M. the bonds were good, and enforceable against H.</p>