Blackford v. Hurst
Blackford v. Hurst
Opinion of the Court
delivered the opinion of the court.
By the 4th section of the act amending the charter of Lynchburg, passed December 8,1866 (Acts 1866-’7, p. 460), jurisdiction is given to the court of Hustings for the said city, “not only within the corporate limits of said city, but also for the space of one mile without and around said city.” On the 81st of July 1869, Thomas L. Johnson, S. W. Younger, and John T,
Afterwards, in. 1870, judgments were severally recovered by the appellees against Younger & Co. in Lynchburg courts, which were regularly docketed in the clerk’s office of the County court of Campbell county. And the question ’raised by this appeal is, was the recording of the deed of trust in the clei’k’s office of the Hustings court of the city a valid recordation as against creditors, or was it necessary that it should have been recorded also in Campbell county ?
By section 5 of chapter 119, Code of 1860, p. 566, deeds of trust, &c., shall be void as to creditors and •subsequent purchasers without notice, until and except from the time that they are duly admitted to record in the county or corporation wherein the property embraced in such contract may be. This section was amended and reenacted by the act of January 16,1867 (Acts of 1866-’7, p. 538), to read as follows: “Every such contract, &c., deed of trust, &c., shall be void as to creditors, &c., until and except from the time that it is duly admitted to record in the county or corporation wherein the property embraced in such contract or deed may be: provided, however, that all deeds of bargain and sale, of trust, of gift, or mortgage, or
The foregoing section, as amended and reenacted, is not in conflict with § 6 of the Code, which is as follows: “notwithstanding any such writing shall be duly admitted to record in one county or corporation, wherein there is real estate, or goods, or chattels, it shall nevertheless be void as to such creditors and purchasers in respect to other real estate, or goods, or chattels, without the same, until it is duly admitted to record in the county or corporation wherein such other real estate, or goods, or chattels, may be.” By virtue of the preceding section, as amended and reenacted, the property lying or being within the jurisdiction of the Hustings court of the city, although outside of the corporate limits proper, is, as to purposes of recorda
The deed of trust in this case having been recorded in the clerk’s office of the Hustings court of the city of Lynchburg, conveying the lot or lots of land in question, lying within the jurisdiction of the Hustings court, was such a recordation as the statute required, and was valid against creditors and subsequent purchasers. And consequently, the lien so acquired by the trustees on the property embraced in the deed of trust overreached any liens upon the same property acquired by subsequent judgments. The court is of opinion, therefore, to reverse the decree of the Circuit court with costs; and doth proceed to enter such decree as ought to have been entered by the said Circuit court.
Decree reversed.
Reference
- Full Case Name
- BLACKFORD & als., trustees v. Hurst & als.
- Status
- Published
- Syllabus
- 1. By the act of January 16, 1867, amending and re-enacting § 5 of ch. 119 of the Code of i860, deeds of trust &c. are to be recorded in the cleric’s office of the county or corporation court within the jurisdiction of which the real estate conveyed &c. is situated. 2. By the charter of the city of Lynchburg jurisdiction is given to the court of Hustings for said city, not only within the limits of the corporation, but also for the space of one mile without and around said city. A deed of trust conveying real estate lying outside the corporation limits, but within one mile without and around said city, is to be recorded in the cleric’s office of the corporation court of the city. And being so recorded it is valid, and has priority over subsequent judgments against the grantor in the deed docketed in the clerk’s office of the county court.