Skillman v. Hamilton

JUDGE ROBERTSON

delivered the opinion of the court:

The prima facie presumption of an acceptance of the deeds A, B, arising from their acknowledgment and reg*249istration, is sufficiently repelled by the positive denial in the answer, and especially as that denial is fortified by the failure to answer the cross-petition.

Judicially, therefore, the contract of sale must, on this record, stand in the attitude in which it stood before those conveyances were acknowledged, and must, on this appeal, be treated as still executory. And thus considering it, the tacitly admitted deficiency of title in the…