Bartlett v. Fleming
West Virginia Supreme Court
This suit was instituted in Taylor county in 1858. The certificate of the justices mentioned in the opinion of the court was as follows : “Virginia — Taylor county, to wit: We, James Selvy and William Gather, justices of the peace in the said county and State of Virginia, do hereby certify that John W. Sinsel and Elizabeth, his wife, parties to the foregoing deed, bearing date of the 21st day of May, 1858, personally appeared before us in our said county and acknowledged the…
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This suit was instituted in Taylor county in 1858. The certificate of the justices mentioned in the opinion of the court was as follows : “Virginia — Taylor county, to wit: We, James Selvy and William Gather, justices of the peace in the said county and State of Virginia, do hereby certify that John W. Sinsel and Elizabeth, his wife, parties to the foregoing deed, bearing date of the 21st day of May, 1858, personally appeared before us in our said county and acknowledged the same to be their act and deed. Elizabeth Sinsel was examined privately and apart from her husband, and desired us to…
1Opinion of the Court
Brown, President,
delivered the opinion of the court.
This is an appeal from the decree of the circuit court of Taylor county, dismissing the complainant’s bill for specific performance.
There is but one question of law presented in the case, and that is whether the certificate of the justices of the execution of a deed by a married woman, which omits to state that she had the "deed fully explained to her, or had willingly executed the same and wished not to retract her execution of it, is evidence of the execution of such deed. This certificate is radically defective and the deed inoperative as…
2Cases cited1 opinion
- Countz v. GeigerCourt of Appeals of Virginia · 1797
3Cited by4 opinions
- McMullen v. EaganWest Virginia Supreme Court · 1882
- Laughlin Bros. v. FreamWest Virginia Supreme Court · 1878
- Watson v. MichaelWest Virginia Supreme Court · 1883
- Smith v. TimNew York Court of Common Pleas · 1884