McCarty v. Chalfant

Citations

• 14 W. Va. 531
• 1878 W. Va. LEXIS 79

Syllabus

<p>1.A deed of trust, bom fide made, may be for future advances by the cestui que trust, as well as for present debts and liabilities, and it will be valid between the parties and against subsequent purchasers (after the advances were made) with constructive or actual notice of the deed of trust, not only as to the indebtedness at the execution of the trust, but also subsequent advancements made by the cestui que trust on faith of the deed of trust subsequent to the execution of the trust-deed, to the extent of the amount specified in the deed of trust.</p> <p>2. An account stated or settled may be pleaded and set up in bar in an answer to a bill for an account.</p> <p>3. Generally, exceptions to reports of master commissioners partake of the nature of special demurrers; and if the report is erroneous, the party complaining of the report or excepting thereto must point out the error in his exceptions with reasonable certainty, so as to-direct the mind of the court to it. When he does so, the parts not excepted to are admitted to be correct, not only as regards the principles, but as relates to the evidence on which they are founded.</p> <p>4. But a commissioner’s report, if erroneous on its face, may be objected to on the hearing of the cause, though no exception be previously filed; and also in the Appellate Court, though no exception appears to have been taken in the court below ; but without such exception, it cannot be impeached by adult parties on grounds and in relation to subjects which may be affected by extraneous testimony.</p>