Carper v. M'Dowell
Supreme Court of Virginia
This was a bill filed in the Circuit Court of Botetourt, by James M’ Dowell, a judgment creditor of Jacob Carper, to set aside two deeds executed by Carper to Fletcher H. Mays, in trust to secure certain securities and creditors of the grantor.
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This was a bill filed in the Circuit Court of Botetourt, by James M’ Dowell, a judgment creditor of Jacob Carper, to set aside two deeds executed by Carper to Fletcher H. Mays, in trust to secure certain securities and creditors of the grantor. The only ground on which the plaintiff sought to set aside the deeds was, that though the certificate of the clerk stated that they were acknowledged by the parties in the clerk’s office, and admitted to record on the 6th of June 1846, that in fact they were not acknowledged on that day in the office, but were acknowledged before the clerk at the…
1Opinion of the Court
Lackland.
The decree in this case is wrong in giving to the appellee’s judgment priority over the deeds of trust. The deeds rvere admitted to record on the 6th day of June, upon acknowledgments made before the deputy clerk in the clerk’s office. The certificates of the deputy clerk shew that fact; and the appellee’s judgment was rendered at a term of the County Court which did not commence its session till the 8th of June, two days after the deeds were recorded. The deeds were therefore prior in point of time to the judgment. But the Court admitted parol evidence to contradict the certificates…
2Cases cited4 opinions
- Slayton v. Inhabitants of ChesterMassachusetts Supreme Judicial Court · 1808
- Harvey v. AlexanderSupreme Court of Virginia · 1822
- Wellington v. GaleMassachusetts Supreme Judicial Court · 1816
- Saxton v. NimmsMassachusetts Supreme Judicial Court · 1817
3Cited by22 opinions
- Davis v. BeazleySupreme Court of Virginia · 1881
- State v. VestWest Virginia Supreme Court · 1883
- Calwell's Ex'r v. Prindle's Adm'rWest Virginia Supreme Court · 1882
- Read v. Toledo Loan Co.Ohio Supreme Court · 1903
- Parkersburg National Bank v. NealWest Virginia Supreme Court · 1886
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