510. Sec. 2295. Liability of separate estates of married women for their As Amended 1895-6, p. 486. contracts.-Every contract hereafter made by a married woman which 86 Va. 885. she has the power to make shall be deemed to be made with reference to 92 Va. 468, 489, her estate, which is made her separate estate by this chapter as a source of credit, and every such contract shall be deemed as intended to be made with reference to her equitable separate estate also, if any she has, as a source of credit to the extent of her power over the same unless the contrary intention is expressed in the contract; and in the enforcement of every such contract against her equitable separate estate a court of equity may in any case subject to the extent of her power over the same and of her interest therein the corpus of any real estate as well as the corpus of any personal estate settled to her separate use, but the corpus of such real estate shall not be subjected by a sale of the same or any part thereof unless it is admitted or be made to appear that the rents and profits of such real estate will not be sufficient to discharge the liabilities of such estate within five years: provided, that if the contract be a covenant or warranty in such a writing as is mentioned in section twenty-five hundred and two it shall be subject to the provisions of said section. Sec. 2297. [83 Va. 445; 85 Va. 169.] Sec. 2298. [92 Va. 489; 1 Va. L. R. 898.] Sec. 2298 a. To quiet titles to real estate in the commonwealth (de- 1891-2, p. 798. fective certificates of acknowledgment to deeds of married women). In all cases where a husband and his wife have signed a writing purporting to convey any real estate and such writing has been admitted to record in the proper clerk's office upon a certificate of acknowledgment taken by an authorized officer which was defective or imperfect under the laws of Virginia then in force and the purchase money has been paid by the purchaser and the grantee has remained in quiet and undisturbed possession of the said real estate under the said writing for ten years after the date of its recordation, the said writing shall operate to convey from the wife her right of dower in the real estate embraced therein and pass from her and her representatives all right, title, and interest of every nature (purporting to be conveyed by the said writing) which at the date of such writing she may have had in any real estate conveyed thereby as effectually as if such writing had been acknowledged, certified, and admitted to record in strict conformity with the laws then in force: provided, however, that any person interested may within two years after the passage of this act or the expiration of the ten years aforesaid institute proceedings to impeach such writing and have the validity thereof and the rights of all persons determined according to the laws in force at the date of such acknowledgment and recordation; and any married woman or other person interested, whether a resident or non-resident of Virginia, may in her own name or by a next friend institute such proceedings within the pericd herein before named but not thereafter. TITLE 29. STATE LANDS, AND PROPERTY ESCHEATED OR DERELICT; PROCESSIONING CHAPTER CIV. OF THE LAND OFFICE: WARRANTS AND GRANTS THEREFROM. CHAPTER CV. OF ESCHEATS AND PROPERTY DERELICT. CHAPTER CVI. OF PROCESSIONING AND SETTLING BOUNDARIES OF LANDS. TITLE 30. ESTATES, HOW CONVEYED OR WILLED; WHO TAKE IN CASE OF INTESTACY; 1897-8, p. 437. CHAPTER CVII. GENERAL RULES AS TO THE CREATION AND LIMITATION OF ESTATES, AND Sec. 2413. [82 Va. 371; 86 Va. 638, 644; 93 Va. 78; 3 Va. L. R. 444.] Sec. 2415. [86 Va. 811; 3 Va. L. R. 584.] Sec. 2418. [89 Va. 675.] Sec. 2422. [83 Va. 238, 724; 89 Va. 786.] Sec. 2423. [82 Va. 588.] Sec. 2428 a. To authorize the beneficial equitable owner of a claim or chose in action, for the enforcement of which a court of Equity has jurisdiction, to maintain a suit in equity either in the name of the holder of the legal title for his benefit or in his own name.-When the legal title to any claim or chose in action, for the enforcement of the collection of which a court of equity has jurisdiction, is in one person and the beneficial equitable title thereto is in another the latter may either maintain a suit in the name of the holder of the legal title for his use and benefit or in his own name to enforce collection of the same. In either case the beneficial equitable owner shall be deemed the real plaintiff and shall be alone liable for costs. This act shall apply to suits now pending (February nineteenth, eighteen hundred and ninety-eight) and to such as may be hereafter brought, and shall be in force from its passage. Sec. 2432. [91 Va. 114.] Sec. 2432 a. To authorize the sale of an estate, real or personal, given 1897-8, p. 404. by deed or will to a person for life with a vested remainder to another, whether the vested remainderman be an infant or adult.-When an estate, real or personal, is given by deed or will to any person for his life or the life of another with vested remainder to another, whether the remainderman be an infant or adult, it shall be lawful for the circuit and corporation courts, or such court having jurisdiction of the subject matter, upon a bill filed by the person holding the estate for life, in which bill all per; sons interested shall be made defendants, to decree a sale of such estate, real or personal, and to invest the proceeds of sale under the decree of the court for the use and benefit of the person holding the estate subject to the limitations of the deed or will creating the estate : provided, however, that the bill of the plaintiff shall set forth the facts which in his opinion would justify the sale of the said estate, to be verified by the affidavit of the party : and provided, further, that sections twenty-four hundred and thirty-three, twenty-four hundred and thirty-four, and twenty-four hundred and thirtyfive of the code of Virginia shall apply to the proceedings upon said bill. Sec. 2439. [3 Va. L. R. 454.] CHAPTER CVIII. FORMS OF DEEDS AND COVENANTS. Sec. 2440. [93 Va. 78.] Sec. 2442. [83 Va. 801; 84 Va. 9, 834; 85 Va. 198; 86 Va. 938; 88 Va. 212; 90 Va. 370; 3 Va. L. R. 116.] Sec. 2446. [82 Va. 702, 769.] CHAPTER CIX. OF ACTS VALID BETWEEN THE PARTIES BUT VOID AS TO CREDITORS AND Sec. 2458. [83 Va. 291, 316, 484, 876; 83 Va. 227, 478, 504; 84 Va. 634, 843; 85 Va. 34, 955; 92 Va. 333; 93 Va. 534; 2 Va. L. R. 60.] Sec. 2459. [82 Va. 291; 83 Va. 227, 478, 504; 84 Va. 731, 810; 85 Va. 42; 86 Va 592, 687; 87 Va. 404; 88 Va. 361, 384; 92 Va. 333; 2 Va. L. R. 60.] As Amended 1893-4, p. 614. Previous Amendment 1889-90, p. 73. 89 Va. 755. 1 Va. L. R. 294. 2 Va. L. R. 432. 825. Sec. 2460. Judgment or decree not necessary before suit by creditor to avoid gift, transfer, &c., of debtor's estate; measure of relief; extent of lien given creditor; how perfected against creditors and purchasers.— A creditor before obtaining a judgment or decree for his claim may, whether such claim be due and payable or not, institute any suit which he might insti3 Va. L. R. 743, tute after obtaining such judgment or decree to avoid a gift, conveyance, assignment, or transfer of or charge upon the estate of his debtor declared void by either of the two preceding sections; and he may in such suit have all the relief in respect to said estate which he would be entitled to after obtaining a judgment or decree for the claim which he may be entitled to recover. A creditor availing himself of this section shall have a lien from the time of bringing his suit on all the estate, real and personal, hereinbefore mentioned, and a petitioning creditor shall be entitled to a like lien from the time of filing his petition in the court or in the clerk's office of the court in which the suit is brought; but such lien shall not be valid against creditors and purchasers for valuable consideration without notice until and except from the time a memorandum setting forth the title of the cause, the general object thereof, the court wherein it is pending, the amount of the claim asserted by the complainant, a description of the property. and the name of the person whose estate is intended to be affected thereby shall be left with the clerk of the court of the county or corporation wherein the property is, who shall forth with record the said memorandum in the deed book and index the same in the name of the person aforesaid. If the proceeds of sale be insufficient to satisfy the claims of all the creditors whose liens were acquired on the same day they shall be applied ratably to such claims. And in any such case if the gift, deed, assignment, transfer, or charge be declared void the court may make a decree against the debtor in favor of any creditor whose claim shall have been proved in the suit for the amount of such claim or for the balance due thereon after applying thereto the share of the proceeds of the sale of the estate to which such creditor may be entitled. As Amended 1893-4, p. 422. Previous Amendment 1889-90, p. 108. 82 Va. 903. 88 Va. 716. Sec. 2462. Reservation of title to goods and chattels sold to be void as to creditors and purchasers unless in writing and recorded.—Every sale or contract for the sale of goods or chattels wherein the title is reserved until the same be paid for in whole or in part or the transfer of title is made to depend on any condition, and possession be delivered to the vendee, shall in respect to such reservation and condition be void as to creditors of and purchasers for value without notice from such vendee until such sale or contract be in writing, signed by both the vender and vendee, in which the said reservation or condition is expressed, and until and except from the time that a memorandum of said writing setting forth the date thereof, the amount due thereon, and a brief description of said goods or chattels be docketed in the clerk's office of the county or corporation court of the county or corporation in which said goods or chattels may be, or in the clerk's office of the chancery court of the city of Richmond if said goods or chattels be within the corporate limits of said city; and it shall be the duty of such clerk to docket and to index the same from the original contract in the name of the vender and vendee together with the date of such docketing in a book to be kept by him for that purpose, and to endorse on such contracts the words, "memorandum docketed," with his signature as clerk affixed thereto, for which services the clerk may charge a fee not exceeding twenty-five cents, but no tax shall be charged thereon, and the docketing and indexing of such memorandum of said contract as is herein provided for shall have the same effect as to creditors of and purchasers for value without notice from the vendee as if said contract were recorded according to the provisions of chapter one hundred and nine of the code of Virginia of eighteen hundred and eighty-seven; or if said goods or chattels consist of locomotives, cars, or other rolling stock, equipments, or personal property of any description to be used in or about the operation of any railroad, until and except from the time the said writing is duly admitted to record in the clerk's office of the county or corporation court of the county or corporation wherein the principal office in this state of the company operating the railroad is located, or in the clerk's office of the chancery court of the city of Richmond if said principal office is within the corporate limits of the said city, and a copy of said writing be filed in the office of the board of public works and each locomotive, car, or other piece of rolling stock be plainly and permanently marked with the name of the vender on both sides thereof followed by the word "owner." Except where said goods and chattels consist of locomotives, cars, or other rolling stock, equipments, or personal property of any description to be used in or about the operation of any railroad, no acknowledgment or other form of proof shall be requisite to authorize the clerk to docket said sale or contract, and all sales or contracts for the sale of goods or chattels other than locomotives, cars, and railroad equipment aforesaid heretofore docketed without acknowledgment or other proof shall have the same force and effect as if the same had been duly acknowledged or proved. Sec. 2463. [92 Va. 229; 1 Va. L. R. 682.] Sec. 2464. [90 Va. 500; 92 Va. 229; 2 Va. L. R. 652.] Amendment Sec. 2465. Contracts, deeds, &c., that are void as to creditors As Amended and purchasers unless recorded. Every such contract in writing, Previous 1897-8, p. 833. every deed conveying any such estate or term, and every deed of gift or 1895-6, p. 842. deed of trust or mortgage conveying real estate or goods and chattels, and 82 Va. 159, 903. every bill of sale or contract for the sale of goods and chattels where the posses-92 Va. 229. 86 Va. 26, 562. sion is allowed to remain with the grantor (and any such bill of sale or contract 93 Va. 455. 1 Va. L. R. 229, shall be in writing and signed by the vender) shall be void as to subsequent 682. purchasers for valuable consideration without notice and creditors until 2 Va. L. R. 526. and except from the time that it is duly admitted to record in the county or corporation wherein the property embraced in such contract, deed, or bill of sale may be. Sec. 2467. Time within which the admission to record may be in As Amended certain cases.-The two preceding sections are subject to this qualifica- 1895-6, p. 285. tion, that any such writing which is admitted to record within ten days from the day of its being acknowledged before and certified by a justice, notary, or other person authorized to certify the same for record, shall, unless it be a mortgage or a deed of trust not in consideration of marriage, be as valid as to creditors and subsequent purchasers as if such admission to record had been on the day of such acknowledgment and certificate. Sec. 2468 a. Providing that no mortgage, deed of trust, or other en- 1893-4, p. 545. cumbrance made upon personal property in another state shall be an encumbrance upon said property when removed to this state unless the said mortgage, deed of trust, or other encumbrance be recorded in this state. No mortgage, deed of trust, or other encumbrance created upon personal property while such property is located in another state shall be a valid encumbrance upon said property after it is removed into this state as to purchasers for valuable consideration without notice and creditors unless the said mortgage, deed of trust, or other encumbrance be recorded according to the laws of this state in the county or corporation in which the said property is located in this state. Sec. 2469. [93 Va. 455; 2 Va. L. R. 526.] Sec. 2472. [88 Va. 384.] |