Rollins v. Menager

Citations

• 22 W. Va. 461
• 1883 W. Va. LEXIS 75

Syllabus

<p>1. When tbe privy examination, acknowledgment and declaration of a married woman shall have been taken in the manner prescribed by l 4 of ch. 73 of Code and recorded or certified, and the deed of trust, on. which it is endorsed, conveying the real estate of a married woman shall have been duly admitted to record as to the husband as well as to the wife, such deed of trust operates to pass from her and her representatives all right, tille and interest of every nature, which at the date of the deed of trust she may have in any real estate conveyed thereby, as effectually as if she were at the date of the deed of trust an unmarried woman ; and it will so operate, though the deed of trust was given to secure a past debt of her husband or of some third pierson and there was no new consideration arising when the deed of trust was executed, provided it was in the usual form of a deed of trust, (p. 47'!.)</p> <p>2. In such a case the feme covert will not be permitted by parol evidence to contradict the facts set out in the certificate of her privy examination, acknowledgment and declaration so as to avoid the effect of the deed of trust, unless she first establish by parol evidence satisfactorily, that with the concurrence of those claiming under the deed of trust the married woman has been defrauded or imposed upon by the pretended privy examinartion, acknowledgment and declaration. (p‘. 467.)</p>