Rorer's Heirs v. Roanoke National Bank

Citations

• 83 Va. 589
• 4 S.E. 820
• 1887 Va. LEXIS 102

Syllabus

<p>1. Married Women&emdash;Deeds&emdash;Recordation&emdash;Effect.&emdash;The deed of a married woman does not operate to pass from her any right, title or interest of any kind she may have in any estate, until her privy examination, acknowledgment and declaration as respects thereto shall have been taken and certified, as prescribed by law, and the same and the deed to which the same is annexed, or on which it is, shall have been delivered to the proper clerk and admitted to record, both as to her husband and herself; and when that has been done, as prescribed by Code 1873, ch. 117, $$ 4, 5, 6 and 7, then, and not till then, her deed operated to'pass from her and her representatives all the right, title and interest of every nature which at the date of her deed she may have had in any estate thereby conveyed, as effectually as if she were at the said date an unmarried woman ; but such deed does not operate any further upon her, or her representatives, by reason of any covenant or warranty contained therein.</p> <p>2. Idem&emdash;Unauthorized recordation.&emdash;An unauthorized recordation is void. And if after a married woman has executed the instrument, and upon her privy examination has acknowledged that she freely executed it, and does not wish to retract it, and the same has been duly certified, the instrument has been cancelled and made of none effect, any subsequent recordation of it is unauthorized and void.</p>