Beverley v. Ellis & Allan
Supreme Court of Virginia
Appeal from the superior court of chancery for the Richmond district. Peter R. Beverley filed his bill in that court, setting forth, that Carter Beverley conveyed to him a tract of land containing five hundred acres in Culpeper county, by deed of bargain and sale, on the day of January, 1808 | and on the 18th day of the same mouth, acknowledged the same in the county court of Culpeper, when the said deed was, by the said court, ordered to be recorded, and was left with the…
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Appeal from the superior court of chancery for the Richmond district. Peter R. Beverley filed his bill in that court, setting forth, that Carter Beverley conveyed to him a tract of land containing five hundred acres in Culpeper county, by deed of bargain and sale, on the day of January, 1808 | and on the 18th day of the same mouth, acknowledged the same in the county court of Culpeper, when the said deed was, by the said court, ordered to be recorded, and was left with the clerk for that purpose ; that before the said deed was actually recorded, it was lost or destroyed by the negligence of…
1Opinion of the Court
Judge Brooke,
delivered the opinion of the court.*
The court is of opinion, that on a sound construction of the act entitled “ an act regulating conveyances,” and upon the facts in the record in relation to the deed in question, the appellees had that constructive notice of the pri- or right of the appellant to the land sold under the deed of trust, which that act affords to subsequent purchasers, when its provisions are complied with. The certificate of the clerk that the deed was acknowledged and ordered to be recorded, and the fact proved by his deposition, that it was lodged with the clerk…
2Cited by20 opinions
- In Re: Quy Van Nguyen, Debtor. Robert G. Mayer, Trustee-Appellant v. Quy Van Nguyen, Debtor-AppelleeCourt of Appeals for the Fourth Circuit · 2000
- Davis v. BeazleySupreme Court of Virginia · 1881
- Bank of Marlinton v. McLaughlinWest Virginia Supreme Court · 1941
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Darnell v. FlynnWest Virginia Supreme Court · 1911
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