Rollins v. Menager
West Virginia Supreme Court
GreeN, Judge, furnishes the following statement of the case: On March 1, 1880, A. W. Rollins, trustee, and Julia Ann Entsminger presented their bill of injunction to the judges of the circuit coui’t of Mason county. The bill stated, that on June 17, 1871, Isaac Entsminger conveyed to A. ~W. Rollins, trustee, a certain mill and fifteen acres of land in said county for the use of his wife, said Julia Ann Entsminger.
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GreeN, Judge, furnishes the following statement of the case: On March 1, 1880, A. W. Rollins, trustee, and Julia Ann Entsminger presented their bill of injunction to the judges of the circuit coui’t of Mason county. The bill stated, that on June 17, 1871, Isaac Entsminger conveyed to A. ~W. Rollins, trustee, a certain mill and fifteen acres of land in said county for the use of his wife, said Julia Ann Entsminger. On January 28, 1879, her said husband executed to Clark Tillis his note for four hundred and sixty-two dollars payable one year after date with interest from date, to secure the…
1Opinion of the Court
GREEN, Judge :
The certificate of the justice of the privy examination of the married woman, which is appended to the deed of trust and recorded with it, is in due form. But it is alleged in the bill and attempted to be proven by the depositions, that this ’ certificate is in point of fact false and fraudulent. On this subject Tucker P. in Harkins v. Forsyth et al. 11 Leigh 301 says:
“By the common law a married woman could not by joining her husband in a deed bar herself or those claiming un-, der her of her own estate. In' process of 'time, however, fines were adopted to this end, and by them…
2Cases cited8 opinions
- Kerr v. RussellIllinois Supreme Court · 1873
- Lickmon v. HardingIllinois Supreme Court · 1872
- Borland v. WalrathSupreme Court of Iowa · 1871
- McMullen v. EaganWest Virginia Supreme Court · 1882
- First National Bank v. PaulSupreme Court of Virginia · 1881
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3Cited by10 opinions
- Pickens v. KniselyWest Virginia Supreme Court · 1886
- Biern v. RayWest Virginia Supreme Court · 1901
- Nutter v. BrownWest Virginia Supreme Court · 1902
- Swiger v. SwigerWest Virginia Supreme Court · 1905
- Council Bluffs Savings Bank v. SmithNebraska Supreme Court · 1899
5 more not listed; retrieve them via the Exa API.