Herring v. Lee

Citations

• 22 W. Va. 661
• 1883 W. Va. LEXIS 89

Syllabus

<p>1. The effect of the late civil war between the United States and the Confederate States was to make, during- its pendency, every resident within the military lines of the Federáis the enemy of each and every resident within the military lines of the Confederates without regard to liis occupation, individual sympathies or opinions ; and such residents within the lines of the opposing belligerents could have no friendly intercourse, communication or business relations of any kind whatever with each other, (p. 667.)</p> <p>2. Where during said war a county of this State was abandoned by the Confederates and the clerk of the county court of said county went with them, taking with him all or the greater part of the records of his office, aud immediately thereafter said county passed into the actual possession and under the control of the Federáis, and so continued until they were driven out about four months thereafter — the said clerk all that time - remaining within the lines of the Confederates. Held :</p> <p>That no one residing in said county within the Federal lines could as the deputy of such clerk conduct the business of said clerk’s office within the Federal lines for or in the name of such clerk while he remained within the Confederate lines ; and the acts of any one attempting, during that time, to act as such deputy for and in the name of such clerk, within the Federal lines, are absolutely void. (p. 668.)</p> <p>3. There can he no such officer as a de facto deputy, (p. 669.)</p> <p>4. A conveyance of land duly acknowledged is copied upon one of the deed-books in the county court clerk’s office by a mere spoliator or intruder, and at the next term of said county court said conveyance is returned to the court among the list of deeds recorded in the office during the preceding vacation, and an order is made on the records of said court stating that said conveyance and others had been admitted to record in the clerk’s office of said county. Held :</p> <p>I.