Cox v. Wayt
West Virginia Supreme Court
Woods, Judge, furnishes the following statement of the case: James Wayt by deed dated the 2d day oí August, 1875, conveyed to John Cox a tract of 175 acres of land in Ohio county, in this State, to secure to Jane Brown and Ann Brown the sum of $4,600.00 payable on the 1st day of August, 1878, with interest payable annually.
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Woods, Judge, furnishes the following statement of the case: James Wayt by deed dated the 2d day oí August, 1875, conveyed to John Cox a tract of 175 acres of land in Ohio county, in this State, to secure to Jane Brown and Ann Brown the sum of $4,600.00 payable on the 1st day of August, 1878, with interest payable annually. This deed, on the 7th day of August, 1875, was delivered to and recorded by the clerk of the county court of said county, but the execution thereof, was never acknowledged or proved in any of the modes prescribed by law, nor was it contended that it had in fact been so…
1Opinion of the Court
Woods, Judge:
Six errors in these proceedings have been assigned by the appellant. The first and second raise the question, whether the plaintiff’s deed of trust dated August 2, 1875, was to be held as a recorded deed; the third and fourth, wh e t r the *814defendant James íl. Wayt as the assignee of certain debts secured by the deed to Peck, trustee, was entitled as to these debts, to preference over the debt of $4,600.00, secured' by the deed of trust to Cox; the fifth, whether the court erred-in sustaining the demurrer to the hill of review; and the sixth, whether the court erred to the…
2Cases cited1 opinion
- Tavenner v. BarrettWest Virginia Supreme Court · 1883
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- Ihrig v. IhrigWest Virginia Supreme Court · 1916
- West Virginia Tractor & Equipment Co. v. Orlando Coals, Inc. (In Re Orlando Coals, Inc.)United States Bankruptcy Court, S.D. West Virginia · 1980
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