First National Bank v. Paul
Supreme Court of Virginia
This is an appeal from a decree rendered by the circuit' court of Rockingham county in a chancery cause pending therein, in which Mary Jane Paul was complainant, and the First National Bank of Harrisonburg and others were defendants.
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This is an appeal from a decree rendered by the circuit' court of Rockingham county in a chancery cause pending therein, in which Mary Jane Paul was complainant, and the First National Bank of Harrisonburg and others were defendants. By deed dated July 1, 1865, A. M. Newman and wife conveyed to Isaac Paul a tract of land near Harrisonburg, Va., containing about 308 acres, retaining a lien to secure a part “This deed, made this 19th day of Jan’y, in the year 1869, between Isaac Paul and Mary Jane, his wife, of the first part”; and it concludes as follows: “Witness the following signatures and…
1Opinion of the CourtStaples, J.
The amended certificate relied upon by the bank is in no just sense of the word an official act. At the time it was given Mr. Gray had long ceased to be clerk. It is, therefore, the mere declaration of a private person, giving his recollection in 1880 of what occurred before him as clerk in 1869. We must assume, however, that the bank, had the opportunity been given it, would have proved by Mr. Gray every fact stated by him.
The question then is, is it competent to show by parol testimony that the privy examination of the wife was regularly taken in the form prescribed by the statute; but that…
2Cases cited1 opinion
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
3Cited by19 opinions
- Forrester v. Reliable Transfer Co.Washington Supreme Court · 1910
- Rorer's Heirs v. Roanoke National BankSupreme Court of Virginia · 1887
- McCauley v. GrimSupreme Court of Virginia · 1913
- Rollins v. MenagerWest Virginia Supreme Court · 1883
- Hurst & Co. v. LeckieSupreme Court of Virginia · 1899
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