Raines v. Walker

Citations

• 77 Va. 92
• 1883 Va. LEXIS 40

Syllabus

<p>1. Deeds-Date-Delivery.-A deed will be presumed to have been delivered on, and will take effect from its date, but the presumption will yield to evidence to the contrary.</p> <p>2. Idem.-Certified acknowledgment is not inconsistent with prior delivery, and is not sufficient to overcome the presumption.</p> <p>3. Idem.-General warranty.-If one conveys land with general warranty, which at the time he does not own, but afterwards acquires the same, such acquisition enures to the benefit of the grantee.</p> <p>4. Idem.-Unrecorded.-A deed not acknowledged or not certified according to law, though actually admitted to record, cannot be read in evidence as a recorded deed, but as between the parties it is valid.</p> <p>5. Case at Bar.-J. B. buys of N. W., and partly pays for land in 1859, but receives no conveyance. By deed of January, i860, he conveys it to A. B., in trust for himself and wife and to survivor during their lives, remainder to their child. This deed was not certified according to law, though put on record, and A. B. had actual notice of it and held possession under it. N. W. conveyed the land to J. B. by deed of April, 1861, retaining lien for balance of purchase money. By deed dated November, 1862, but not signed until August, 1863, J. B. conveyed absolutely to A. B. one-half of said land, in consideration of his paying the said balance. J. B. and wife having died, leaving one child, D. F., wife of W. F., and A. B. having also died, and his executor rented the land to R., N. W., by his second deed dated July, 1879, conveyed same land to D. F., who with her husband, conveyed it to J. M. W., by whom ejectment was brought against R. to recover it.</p> <p>Held :</p> <p>1. The deed of August, 1863, was ineffectual to convey to A. B. more than J. B.’s life estate in the land, because latter had previously conveyed said land to A. B. as trustee, by the unrecorded trust deed of January, i860, whereof A. B. had actual notice.</p> <p>2. As against A. B. and his r