Slater v. Moore

Citations

• 86 Va. 26
• 9 S.E. 419
• 1889 Va. LEXIS 3

Syllabus

<p>1. Instruments—Alterations—Burden of explanation.—Every alteration on face of written instrument detracts from its credit and makes it suspicious ; and this suspicion the party claiming under it is ordinarily bound to remove. Elgin v. Sail, 82 Va., 680.</p> <p>2. Unkecobded deeds —Purchasers for value without notice.—A deed is void as against creditors “ until and except from the time it is duly admitted to record.” Code 1873, sec. 5, p. 897; Code 1887, sec. 2465. And it is only deeds recorded within sixty days from their date of acknowledgment that, upon recordation, relate back and are valid as of the date of acknowledgment. Code 1873, sec. 7, p. 897. (Twenty days, by Code 1887, sec. 2467.)</p> <p>3. Fraud—Grantor—Grantee—Third party.—-If grantee or third party must suffer from the grantor’s fraud, the grantee, who put it in the grantor’s power to commit the fraud, must bear the consequences.</p> <p>4. Fraudulent conveyances—Case at bar.—Defendant, representing himself as the owner of certain land, bought goods on credit. The record showed the title to be in his name. Later he had recorded a conveyance of the land to his daughter, the consideration being expressed to be one dollar, love and affection. The conveyance was of date prior to the purchase. A check was presented by him, which he insisted was the real consideration. It bore marks of unexplained alterations and erasures, and draftsman testified that the check was not mentioned or produced when conveyance was drawn. Grantor continued to occupy the house on the land after the execution of the deed, and paid taxes on it in his own name. When it was executed, he took it and locked it up, where it remained until recorded. Shortly after the conveyance was recorded, he assigned his effects for benefit of his creditors, the proceeds whereof barely paid the rent for his store: held, the conveyances fraudulent and void as to creditors.</p>