Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-01-12
NEW WINS HIS CASE.
HIS DEED, THOUGH TWENTY YEARS
OLD, Is STILL BINDING.
DECISION BY JUDGE HUNDLEY.
lie Renders His Opinion In the Me-
Rae Case, Involving Nainnbie fro-
monty I'm CumGcrInnd, which Has
Long Bcen In Litigation.

Judge George J. Hundley was IN me
city last night. stopping at Murphys Ho'
tel whore he decided a very importnn'
chanccry case. which was pending before
/ him I'm vacation as the Judge Of the Cir
cht Court Of Cumberland. He passed upon
number of'intercsting questions.
The object of the suit was to enforce a
deed OF trust now held by ex-United
States Treasurer John -. New upon a
valuable farm IN Cumberland county. Tie
deed Of trust was Of more than twenty
years standing. II was cOntended by
subsequent creditors that MIR. New had
lost his rights by lapse OF time. and II
was contended. i'm the second place. that
a notary. Roger l. Page had never been
qualified according TO law. and that his
certificate to the deed OF trust on which
1t was admitted 10 record was invalid \
second deed Of trust had been executed,
upon which was based contention that
the debt had been povated. and that
thereby the tder trust deed had been in
validated. or had become imperative.
NO LOSS OF RIGHTS.
Judge Hundley held that there being
evidence conciuslvely showing that the
still due. and his failure 10 enforce It be
ing fully explained. Mr. New had lost
none Of his rights by lapse Of time As
to the notary. the Judge held that Mr..
Page was shown to have been commits
stoned as a notary by Governor Pierpoint,
and had given bond and was acting as a
notary. Though il did not afiirmatiYely
appear that he took the oath Of office. lie
was nevertheless a de factO officer. as his
acts as such were binding and valid.
Upon the third point. he held that the
execution of the second deed was mere
cumulative security and that inasmuch
as the original bond and deed Of trust
were held and never released by Mr. New.
they remained i'm full force and he .er-
mts the deed Of trust 10 be enforced.
Upon a fourth point the Judge holds
that i'm the examination of the record OF
title the purcha-er must in his search
for liens go back in ,he record to the
date upon which an owner OF land ac-
qures his title, although this may be be-
yond the record Of his deed Of bargain
and sale. So whore there is a deed of
bargain and sale and concurrent deed OF
trust to secure purchase money. although
the deed of trust may be recorded first
and long before the deed Of bargain and
sale purchaser is still barred by the
record Of the trust deed
THEY Go IN SECOND CLASS.
The result of the decree is that subse-
luent creditors are relocated TO the Sc
rond class of creditors. and the property
involved which IS not valued az more
han $4,000 will be consumed by Mr..
News debt.
This is known as the McRoe case. and /
has been pending for several years. II I
lad been argued before Judge Coleman /
md submitted. but he never decided IL /
before his death. The property is known |
rs Locust Level. and Is the present resi-
lence Of Mr. John II. McRae, who IL the
Of Mr.. New.
The case was argued by Mr.. William
" Flanagan for Mr.. New and by eX-
Judge John o. Reynolds. Of Cumberland.
md Judge Thomas " Miller. Of Pow
l9tan. for the rival creditors