Trout's Adm'r v. Warwick

Citations

• 77 Va. 731
• 1883 Va. LEXIS 109

Syllabus

<p>Vendor and Vendee—Deed as escrow—Equitable title—Registry—Case at bar—Circuit court of N. directs W., trustee for his wife, to buy, subject to its approval at price not exceeding $6,000, payable out of her funds in its hands, a home for her. In 1873, trustee contracts by writing with H. for 240 acres in A. at $12,000, subject to court’s approval. In March, 1874, trustee reports contract with H.; but court is told that only too acres thereof at $6,000-cash, $2,500, balance in three annual payments—is to be paid for out of her funds. H.’s conveyance of the 100 acres to trustee is filed as escrow until cash payment made. Court confirms report quoad the too acres, and “the deed as escrow, until cash payment made and recorded,” and provides for paying not only the cash but the other payments. On 6th November, 1874, all the purchase money, except $419.59, is paid, and during that year that balance is paid. Deed is recorded April 13, 1876. Written contract never was. T.’s administrator and others got judgments against H. 15th March, 1876, which were docketed two days later. In suit to subject the too acres to those judgments;</p> <p>Held :</p> <p>x. This is not a case coming within the operation of the statute requiring the registry of titles. The purchase being directed by the court of N., and conditional upon its approval, was not the • purchase of the trustee, but of the court itself, and there was no purchase until that approval was given.</p> <p>2. If it did come within the operation of that statute, there was no contract in writing between W. and H. for the purchase of the 100 acres, which could have been placed on record, the failure to register which rendered said land liable to said judgments.</p> <p>3. The deed delivered as an escrow in the proceedings of a court of equity, administering trust funds, is not within the intendment of that statute. Briscoe v. Ashby and als., 24 Gratt. 469, approved.</p> <p>4. That deed, so delivered as an escrow, could not have b