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4 Va. 283

Ashwell v. Ayres

Supreme Court of Virginia

Decided January 15, 1848

Supreme Court of Virginia · decided 1848-01-15

Nancy Ayres and others brought ejectment in the Circuit Court of Bedford against John Ashwell. On the trial of the cause the defendant offered in evidence a paper as the deed of James Ayres, under whom both plaintiffs and defendant claimed. This paper commenced, “This Indenture,” &c., and was signed by James Ayres, with a scroll affixed to his name, but the scroll was not recognized as a seal either in the body of the instrument or in the attestation clause.

Decided 1848-01-15

Allen, J.

¶1delivered the opinion.of the Court.

¶2The Court is of opinion, that as a valid conveyance of land could only be made by an instrument under seal, and as the statute authorized a conveyance to be recorded on the acknowledgment of the party in Court, and it furthermore appearing that this instrument was acknowledged by the grantor in Court as his deed, such acknowledgment is a sufficient recognition of the scroll as a seal. The Court is therefore of opinion, that the Circuit Court erred in rejecting the instrument in the bill of exceptions mentioned, offered to be read in evidence as the deed of James Ayres, from going to the jury. The judgment is therefore reversed with costs, the verdict and judgment is set aside, and the cause remanded for a new trial, on which said deed is to be admitted in evidence if again offered.

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