Sullivan v. Sheriff

• Citation: 55 S.E. 535,106 Va. 246
• Parties: SULLIVAN . v. GUM, Sheriff, et al.
• Decision Date: 22 November 1906
• Court: Virginia Supreme Court

55 S.E. 535

106 Va. 246

SULLIVAN .

v.GUM, Sheriff, et al.

Supreme Court of Appeals of Virginia.

Nov. 22, 1906.

Acknowledgment — Bill of Sale — Sufficiency.

The acknowledgment to a bill of sale was: "On the 12th day of July, A. D. 1905, before me personally appeared William Morse, to me known and known to be the same person mentioned and described in the foregoing instrument, and he duly acknowledged to me that he executed the same. H. E. Cole, Notary Public, New York City." The Virginia statute prescribes a form of acknowledgment, and declares that a certificate to such effect shall be sufficient, and a certificate complying literally with the statute would have read: "Corporation of New York, to wit, I, H. E. Cole, a notary public for the corporation aforesaid, in the state of New York, do certify that William M. Morse, Jr., whose name is signed to the writing above, bearing date on the 27th day of June, 1905, has acknowledged the same before me, in my corporation aforesaid. Given under my hand this 12th day of July, 1905." Held, that the acknowledgment was sufficient as a substantial compliance with the statute.

[Ed. Note.—For cases in point, see Cent. Dig. vol. 1, Acknowledgment, §§ 151-172.]

Error to Circuit Court, Bath County.

Interpleader by John E. Gum, as sheriff of Bath county, to determine the legality of liens on property in his possession under ex ecutions against William M. Morse, Jr., In which Michael W. Sullivan intervened. Judgment against Intervener, and he brings error. Reversed and remanded,

John A. Lamb, for appellant.

John W. Stephenson and McAllister & Nelson, for appellee.

WHITTLE, J. This Is a proceeding In interpleader, instituted by the defendant in error, John E. Gum, sheriff of Bath county, to determine the legality and priority of liens and conflicting claims to certain personal property in his possession under levy on executions against William M. Morse, Jr. The plaintiff in error, Sullivan, having Intervened, asserted title to the property by virtue of a bill of sale from Morse; and from the judgment of the circuit court, declaring the instrument void as to creditors, because not duly recorded, this writ of error was awarded.

The question for determination involves the adequacy of the following certificate to the bill of sale:

"City, County, and State of New York.

"On the 12th day of July, A. D. 1905, before me personally appeared William, M. Morse, Jr., to me known, and known to me to be the same person mentioned and described in the foregoing instrument, and he duly acknowledged to me that he executed the same.

"[Notarial Seal.] H. E. Cole,

"Notary Public, New York City."

The Virginia statute prescribes the form of acknowledgment, and declares that a certificate to that effect shall be sufficient. A certificate complying literally with the statute would read:

"Corporation of New York—to wit:

"I, H. E. Cole, a notary public for the corporation aforesaid, in the state of New York, do certify that William M. Morse, Jr., whose name is signed to the writing above, bearing date on the 27th day of June, 1905, has acknowledged the same before me, In my corporation aforesaid. Given under my hand this 12th day of July, 1905."

The decisions of this court show that It Is the policy of the law In this jurisdiction to uphold certificates of acknowledgment where there has been a substantial compliance with the statute. Langhorne v. Hobson, 4 Leigh, 224; Tod v. Baylor, 4 Leigh, 498; Hairston v. Randolph, 12 Leigh, 445, 463; McClan-achan v. Siter, 2 Grat. 280, 293. 294; Hock-man v. McClanahan, 87 Va. 33, 12 S. E. 230; Va. Coal & Iron Co. v. Robertson, 88 Va. 116, 13 S. E. 350; Hurst v. Leckle, 97 Va. 550, 34 S. E. 464, 75 Am. St. Rep. 798; Geil v. Geil, 101 Va. 773, 45 S. E. 325.

Accordingly It has been held that "a certificate of acknowledgment to a deed which identifies the subscriber, specifies the writing subscribed, states the capacity in...