West Virginia Legislature
Code of West Virginia, 1931
Official Recodification - Enacted December 31, 1930 - Effective January 1, 1931
Tabular Document Columns Read
About Staff Login
6,321 of 6,321 sections
Showing 3,951–4,000 of 6,321 sections
Code Chapter Article Section Heading Section Text Preview Status
39-1-4 Ch. 39 — RECORDS AND PAPERS Authentication and Record of Writings Form of Certificate of Acknowledgment The certificate of acknowledgment mentioned in the preceding section may be in form or effect as follows: {{FIGURE type=form page=1030 id=39-1-4~fig1 note="Cer… Proofed
39-1-5 Ch. 39 — RECORDS AND PAPERS Authentication and Record of Writings Acknowledgment by Husband and Wife; Form of Certificate When a husband and wife have signed a writing purporting to sell or convey real estate, the wife may acknowledge the same together with, or separately from her … Proofed
39-1-6 Ch. 39 — RECORDS AND PAPERS Authentication and Record of Writings Certificates as to Wives Living Separate and Apart, Heretofore Taken, to be Prima Facie Evidence The certificate of acknowledgment heretofore taken of a married woman to a deed or other writing conveying, or agreeing to sell and convey, real estate which wa… Proofed
39-1-7 Ch. 39 — RECORDS AND PAPERS Authentication and Record of Writings Penalty for False Certification If any person shall in any case wilfully make any false certificate of acknowledgment, contrary to the true facts in the case, or shall certify the acknowledgme… Proofed
39-1-8 Ch. 39 — RECORDS AND PAPERS Authentication and Record of Writings Form of Certificate of Acknowledgment by Attorney in Fact When any writing has been executed by an attorney in fact, and an acknowledgment of the execution thereof is required or authorized for any purpose, the certifi… Proofed
39-1-9 Ch. 39 — RECORDS AND PAPERS Authentication and Record of Writings Acknowledgment by Corporation The certificate of acknowledgment of a corporation may be in form or effect as prescribed in section four of this article as far as the words “do certify” and … Proofed
39-1-10 Ch. 39 — RECORDS AND PAPERS Authentication and Record of Writings When Certificate to be Under Official Seal If any acknowledgment be before a notary without this State, he shall certify the same under his official seal. Proofed
39-1-11 Ch. 39 — RECORDS AND PAPERS Authentication and Record of Writings Recordation of Writings and Plats and Papers Annexed; Index; Interlineations Every writing authorized by law to be recorded, when admitted to record, shall, with all certificates of acknowledgment, and all plats, schedules and other pape… Proofed
39-1-12 Ch. 39 — RECORDS AND PAPERS Authentication and Record of Writings Special Recordation of Writing Not Acknowledged or Proved for Regular Recordation If any writing which it is lawful for a clerk of the county court to admit to record, on proper acknowledgment or proof, has been or shall be lodged in his offi… Proofed
39-1-13 Ch. 39 — RECORDS AND PAPERS Authentication and Record of Writings Duty to Record Plat or Plan of Lots When any tract or parcel of land within the limits of any county of the State has been or shall be hereafter subdivided into lots by any partition of land or by… Proofed
39-1-14 Ch. 39 — RECORDS AND PAPERS Authentication and Record of Writings Notification to File Plat for Record Upon notice from the clerk of the county court wherein such land so divided is situate, or upon notice from any person owning a lot or lots (or an undivided sha… Proofed
39-1-15 Ch. 39 — RECORDS AND PAPERS Authentication and Record of Writings Penalty for Failure to File Plat If such owner, or owners, or his or their agent, upon having been so notified, shall fail to cause such plat or plan to be filed in such offices as aforesaid, s… Proofed
39-1-16 Ch. 39 — RECORDS AND PAPERS Authentication and Record of Writings Approval by City Council or Commissioners Before Laying Out Subdivision In case a proposed subdivision of any lot or parcel of land is situate within the corporate limits of any municipality, or abutting thereon, it shall be the dut… Proofed
39-1-17 Ch. 39 — RECORDS AND PAPERS Authentication and Record of Writings Duty to Provide Corner Stone Monuments; Acknowledgment or Proof Not Necessary to Recordation of Plat It shall be the duty of the engineer in charge, or the owner, or owners, or the agent of the owner or owners, of any subdivision of land in this State to have p… Proofed
39-2-1 Ch. 39 — RECORDS AND PAPERS General Index and Preservation Preparation of General Index The county court of any county may order the clerk of such court to provide a general index for the deed books, trust deed books, judgment lien dockets, marriag… Proofed
39-2-2 Ch. 39 — RECORDS AND PAPERS General Index and Preservation Contents of General Indexes In the appropriate general index in the office of the clerk of the county court, to the extent that the same has been or shall be provided, shall be indexed the… Proofed
39-2-3 Ch. 39 — RECORDS AND PAPERS General Index and Preservation Binding or Transcribing of Records of County Courts and Other Courts; Allowance Therefor The county court of any county may order any of the books and records in its clerk’s office and either the county court or the circuit court, or any other court… Proofed
39-2-4 Ch. 39 — RECORDS AND PAPERS General Index and Preservation Verification of Transcript by Commissioners Prerequisite to Allowance; Effect of Transcript After Approval No such allowance shall be made for any transcript until commissioners appointed for the purpose by the court ordering the transcript to be made shall have exam… Proofed
39-2-5 Ch. 39 — RECORDS AND PAPERS General Index and Preservation Taking Records Out of County for Binding Any court authorized by section three of this article to have any books or records rebound may have the same taken out of the county for such purpose. Proofed
39-3-1 Ch. 39 — RECORDS AND PAPERS Reconstruction of Lost Records and Papers Admission to Record of Certified Copy When Original Writing Lost, Mislaid or Detroyed If any writing be admitted to record in any county and it be proper for such writing to be admitted to record in another county, and the same before having been… Proofed
39-3-2 Ch. 39 — RECORDS AND PAPERS Reconstruction of Lost Records and Papers Lost Records or Papers Recorded or Filed Anew; Effect as Evidence Where any book containing judgments, decrees, orders or proceedings of a court, or proceedings at rules, or any book containing the record of wills, deeds or ot… Proofed
39-3-3 Ch. 39 — RECORDS AND PAPERS Reconstruction of Lost Records and Papers Recordation of Certified Copies at Instance of County Court When Record Lost or Destroyed Where any records have been or shall be lost or destroyed, by fire or otherwise, and the contents thereof shall have been recorded in the clerk’s office of any … Proofed
39-3-4 Ch. 39 — RECORDS AND PAPERS Reconstruction of Lost Records and Papers Loss of Court Records; Reentries; Effect as Evidence Where any book containing judgments, decrees, orders or proceedings of a court, or proceedings at rules, is lost, and there can be again entered correctly, by m… Proofed
39-3-5 Ch. 39 — RECORDS AND PAPERS Reconstruction of Lost Records and Papers Loss of Original Papers in Any Cause or Appellate Court Record; Effect of Papers Supplied If, in any cause, the original papers therein, or any of them, or the record for or in an appellate court, or any paper filed or connected with such record, be … Proofed
39-3-6 Ch. 39 — RECORDS AND PAPERS Reconstruction of Lost Records and Papers When Books or Papers Deemed Lost Where any book or paper is obliterated, defaced or injured so as to be in whole or in part illegible, or is destroyed, or carried away and concealed, or is in t… Proofed
39-3-7 Ch. 39 — RECORDS AND PAPERS Reconstruction of Lost Records and Papers Procedure to Prove Contents of Lost a Papers or Records Any person desirous of proving the contents of any paper filed in a clerk’s office or anything which was of record in any book therein may, if such paper or boo… Proofed
39-3-8 Ch. 39 — RECORDS AND PAPERS Reconstruction of Lost Records and Papers Another Procedure; Right to Rehearing Such court may, however, without notice or the appointment of a guardian ad litem, proceed on such petition in accordance with the preceding section and with li… Proofed
39-3-9 Ch. 39 — RECORDS AND PAPERS Reconstruction of Lost Records and Papers County Clerk May Take Testimony as to Lost Records Whenever the book or books in which are required to be recorded deeds, wills or other papers relating to the title or boundaries of lands, have been, or may her… Proofed
39-3-10 Ch. 39 — RECORDS AND PAPERS Reconstruction of Lost Records and Papers Taking of Testimony; Record He shall provide a well-bound book at the expense of the county in which to record such testimony as he may take for the purpose aforesaid. Such testimony shall… Proofed
39-3-11 Ch. 39 — RECORDS AND PAPERS Reconstruction of Lost Records and Papers Publication of Notice Such clerk shall give notice in some newspaper having a general circulation in his county of the time and place of the commencement of taking such testimony, wh… Proofed
39-3-12 Ch. 39 — RECORDS AND PAPERS Reconstruction of Lost Records and Papers Taking and Recording of Testimony; Subjects of Inquiry On the day fixed by such notice, such clerk shall take and record in such book the testimony of any credible person. who may appear before him, touching the exi… Proofed
39-3-13 Ch. 39 — RECORDS AND PAPERS Reconstruction of Lost Records and Papers Powers of Clerk; Summoning Witnesses; Production of Papers; Administering Oath; False Swearing For the purpose of taking such testimony, such clerk shall have authority to summon witnesses and enforce their attendance when desired by any person interested… Proofed
39-3-14 Ch. 39 — RECORDS AND PAPERS Reconstruction of Lost Records and Papers Fees Payable to Clerk and Witnesses The person at whose instance such testimony is taken shall pay to such clerk for his services in such behalf the same fees as are allowed to commissioners in ch… Proofed
39-3-15 Ch. 39 — RECORDS AND PAPERS Reconstruction of Lost Records and Papers Adjournments; Completion and Preservation of Testimony Such clerk may adjourn the taking of such testimony from day to day or from time to time, not exceeding thirty days at any one adjournment, until he shall have … Proofed
39-3-16 Ch. 39 — RECORDS AND PAPERS Reconstruction of Lost Records and Papers Admissibility of Depositions or Copies The depositions taken as aforesaid shall be admissible in all suits or controversies in relation to the title or boundaries of lands in such county, whenever su… Proofed
40-1-1 Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS Acts Generally Void as to Creditors and Purchasers Acts Void as to Creditors, Purchasers and Others; Bona Fide Purchasers Excepted Every gift, conveyance, assignment, or transfer of, or charge upon, any estate, real or personal, every suit commenced, or decree, judgment, or execution suffer… Proofed
40-1-2 Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS Acts Generally Void as to Creditors and Purchasers Definition of “Transfer” and “Charge.” In sections three, four and five of this article the word “transfer” shall be taken to include every gift, sale, conveyance or assignment; and the word “charge”… Proofed
40-1-3 Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS Acts Generally Void as to Creditors and Purchasers Voluntary Transfers or Charges Every transfer or charge which is not upon consideration deemed valuable in law shall be void as to creditors whose debts shall have been contracted at the time… Proofed
40-1-4 Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS Acts Generally Void as to Creditors and Purchasers Limitation of Suits to Avoid Voluntary Transfers or Charges No transfer or charge which is not on consideration deemed valuable in law shall be avoided, either in whole or in part, for that cause only, unless, within fiv… Proofed
40-1-5 Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS Acts Generally Void as to Creditors and Purchasers Transfers or Charges Creating a Preference Every transfer or charge made by an insolvent debtor attempting to prefer any creditor of such insolvent debtor, or to secure such a creditor or any surety or i… Proofed
40-1-6 Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS Acts Generally Void as to Creditors and Purchasers Judgment or Decree Not Prerequisite to Suit to Avoid Fraudulent or Voluntary Transfer or Charge 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 institute … Proofed
40-1-7 Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS Acts Generally Void as to Creditors and Purchasers Pretended Loan, Reservation or Limitation for Five Years Without Demand or Suit Where any loan of goods or chattels is pretended to have been made to any person with whom, or those claiming under him, possession shall have remained five yea… Proofed
40-1-8 Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS Acts Generally Void as to Creditors and Purchasers Effect of Recorded Contract as to Creditors and Purchasers Any contract in writing made in respect to real estate or goods and chattels in consideration of marriage; or any contract in writing made for the conveyance or… Proofed
40-1-9 Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS Acts Generally Void as to Creditors and Purchasers Contracts and Deeds Invalid as to Creditors and Purchasers Until Recorded Every such contract, every deed conveying any such estate or term, and every deed of gift, or trust deed or mortgage, conveying real estate or goods and chattel… Proofed
40-1-10 Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS Acts Generally Void as to Creditors and Purchasers When Recordation in More Than One County Necessary Notwithstanding any such writing shall be duly admitted to record in one county wherein there is real estate, or goods or chattels, it shall nevertheless be voi… Proofed
40-1-11 Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS Acts Generally Void as to Creditors and Purchasers Recordation in County to Which Property Removed From Other County; Time Saved to Persons Under Disability If any goods or chattels mentioned in such writing be removed from a county in which it is admitted to record, such writing shall, within three months after suc… Proofed
40-1-12 Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS Acts Generally Void as to Creditors and Purchasers Recordation in County of This State to Which Property Removed From Other State; Time Saved to Persons Under Disability If any goods or chattels mentioned in such writing be removed from another state in which it is admitted to record to this State, such writing shall, within thr… Proofed
40-1-13 Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS Acts Generally Void as to Creditors and Purchasers Priorities of Writings Admitted to Record on Same Day Where two or more writings embracing the same property are admitted to record in the same county on the same day, if the previous sections do not provide for th… Proofed
40-1-14 Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS Acts Generally Void as to Creditors and Purchasers Construction of Words “Creditors” and “Purchasers.” The words “creditors” and “purchasers,” where used in this chapter, shall not be restricted to the protection of creditors of, and purchasers from, the grantor,… Proofed
40-1-15 Ch. 40 — ACTS VOID AS TO CREDITORS AND PURCHASERS Acts Generally Void as to Creditors and Purchasers When Purchaser Not Affected by Record A purchaser shall not, under this article, or articles one, two and eleven, chapter thirty-eight of this Code, be affected by the record of a deed or contract m… Proofed
… … Page 80 of 127
Loading…