Nevill Minor Abstracts 186970 JPEG

34 5g Judgement for land against the tenant or Recovered and for him over against Vouchee 3f Causes of efficiency of common Recovery as a mode of con— veyance wh: con. 1g Supposed suit and judgement as if in [in..t..n] 2g Supposed Recompense in Value (by means of Voucher) which is held as {to} the lands actually recovered were held 4f Force & effect of common Recoveries. They bar (or convey) estates tail and all Remainders dependent thereon — 3d Conveyances by special Custom NO special custom (as a local law) can subsist in Virginia. [Harris v Carson] 7 Leigh 632. 2c Incumbrances 2 Bl 157 &c, 4 Kents Com 135 &c 1 Lom Digest 411 &c wh: con 1c Mortgages, wherein of 1a Nature of mortgages wh: of 1e Estates (or interest) conveyances Any estate in fee—simple for life or for years 2e Character of conveyances on condition that the mortgagor (Debtor) shall pay the money due at the time

35 appointed he shall re—enter upon the land and have it as his own again 3e Equity of Redemption Right of the Mortgagor to redeem within a reasonable time even though he as is not pay on the time appoin— ted enforced in a court of Equity & therefore styled an Equity to redeem "or" an Equity of Redemption 4e Power of sale Reserved in mortgage to mortgagee (Creditor). A modern innova— tion reorganized in England forcing the debtor usually in the power of the creditor 5e {In} Character of estate of mortgagor & mortgagee Respectively. 2d Foreclosure of Mortgages That foreclosure of mort— gagor's Equity of Redemp— tion by appointing him a definite time (in a court of Equity) within which period if he does not redeem he is forever foreclosed or barred of his privilege to do so 3d Forms of mortgage most frequently in use [Grayd] on Forms 370 &c Tate & Sands Amer: forms. 205 &c 2c Deeds of Trust to secure Debts &c wh: consider 1d Nature of vendors of trust wherein of 1e The character and effect of the instrument 2e

36 2e The trustee wherein of 1f Trustee's duty Impartiality wh: con: 1g To sell the subject matter of Trust and return an account V.C. Ch 132 S.4. Id Ch 117 S. 6. 2g To distribute the proceeds of the sale V.C. Ch 117 S.6. Id 132. S. 7. 2f Trustee's compensation VC Ch. 117. S. 6. Id Ch 132. S. 4 & 8 3f When aid of court of Equity is required 2d Usual forms of Deeds of Trust. Tate & Sands. Amer Forms 217 &c V.C. Ch. 117 S.5. 3c Judgements and others liens of Record wh: con. 1d Judgements wh: of 1e When the judgement lien commences. When it is terminated & how enforced V.C. Ch 186. S. 6 to 11 Id S.1.2 7e Docketting judgements V.C. 186 S. 3.4.5.8 2d Other liens of Record wh: con 1e Dis pendens & Attachment V.C. 186. S. 5 2e Forthcoming Bonds V.C. Ch 189 S.2. 3e Vendor's lien V.C. Ch 119 S.1. 4e Mechanic's Lien V.C. Ch 119 S.2. 5l Recognizances V.C. 186 3.4.6 &c Id Ch 211 .S. 3813. Id Ch 149 s 1 6e Lien for Taxes & County levies V.C. Ch 37. S. 1 &c Id Ch. 53. sec 14.

37 4a Modes of {Transferring the} Securing & of Transferring the Rights of property by means of wills wherein consider 1b General Principles touching wills {VC.} wh: con: 1c Making of Wills V.C. Ch. 122 .S. 2 to 6. wh: con. 1d Making wills of lands V.C. Ch. 122 sec. 2 to 5 wh: con: 1e Who ma{ke}y make wills of lands. Any persons of sound mind over 21 and not a married woman. And a married woman as to her separate estate or in the exercise of a power of appointment V.C. Ch. 122. S. 23 2e To whom lands may be devised. To all persons without exception who are definitely ascertained although some are liable to forfeit e.g. Alien Enemies and corporations beyond the limits as— signed by charter 3e Which Real estate is de— visable. & Any estate right or interest to which the Testator may be en— titled at his death al— though he becomes so entitled of the executor's of the will — which is construed to speak {of} in respect of both Real & personal estate or or Testators death unless a contrary in— terest be manifested by

38 the will VC Ch 122. S 2. 11. 4e The ceremonies required in making a will of land V.C. Ch 122 S. 4. wh. con: 1f Must be in writing 2f Must be signed by the Testator or by some one in his presence and by his direction so as to make it manifest that the name is intended as a signature Ramsey v Ramsey's Ex'or 13. Grat 664 Roy v Roy's Ex'or 16 Grat 418 3f The signature must be made or the will acknowledged in the presence of two or more competent witnesses present at the same time (Witnesses need not be present together when they subscribe if they afterwards mutually acknowl— edge their sig— natures in the presence of one another, and of the Testator. [Parra...ie] v Taylor 11 Grat 220.) and sub— scribing their names in presence of Testator unless