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property, or both, conveyed thereby; and (6) the terms of sale. And in all cases where a debtor conveys all his property to a trustee for the benefit of his creditors; or where he conveys all his property except what is exempt from execution or other process, every such trustee shall settle his accounts before a commissioner of accounts of the county in which such bond is re

of West Virginia, as amended, shall apply to such settlement as far as applicable. (Code 1916, c. 72.) .

§ 3. Qualification of trustee of insolvent; appraisal of estate. That a person appointed by an insolvent debtor as trustee in any assignment, conveyance, transfer, or other act of such insolvent debtor, which is intended to operate as an assignment of all such debtor's property for the benefit of all of his creditors, or which does so operate under the laws of this state, shall not have the power of such trustee until he qualifies as such by taking an oath and giving a bond in a penalty double the amount of the ascertained estate, with sufficient surety, before the clerk of the county court of the county in which such assignment, conveyance, transfer or other instrument is or should be recorded, or such act is done, in the manner and with the effect as a personal representative of the estate of a decedent is qualified. And in case such person so appointed trustee by such insolvent debtor fails or refuses to so qualify the said county court shall appoint such trustee upon the application of any person interested. The oath of such trustee shall be that he will faithfully perform the duties of the office of trustee to the best of his skill and judgment, and will account for and pay over all money that comes to his hands as such trustee. Said bond shall be approved by said court, and conditioned that said trustee shall faithfully perform the duties of trustee to the best of his skill and judgment and account for and pay over all money that may come to his hands as such trustee. Upon the qualification of such trustee, there · shall be appraisers appointed to appraise the estate of the insolvent debtor in the same manner and by the same authority that appraisers are appointed for the estate of a decedent, and such appraisers shall be governed by the same laws and perform the same duties that appraisers of the estate of a decedent are governed by and are required to perform. And all such trustees as aforesaid shall appear before some one of the commissioners

of accounts of the county court before which he qualified as such trustee and lay before such commissioner a report of his receipts and disbursements, and his vouchers for the same, in all respects and with like effect as is provided for fiduciaries generally by chapter 87 of the code of West Virginia. In the vacation of the county court, the clerk thereof shall perform the duties in the appointment and qualification of such trustee, and the appointment of the appraisers, that said clerk is now required by law to perform in the appointment and qualification of personal representatives of decedents, and appraisers of their estates. (Code 1916, c. 72.)

§ 4. Notice of trust sale.—When any property is about to be sold under a deed of trust, the trustee shall, unless it be otherwise provided in the deed of trust, or in the opinion of the trustee the property to be sold be of less value than three hundred dollars, publish a notice of such sale in some newspaper published in the county, if there be one which will publish the notice at the rates prescribed by law. Such notice shall be published at least once a week for four succesive weeks preceding the day of sale, . and a copy of such notice shall be posted at the front door of the court house for a like period; but if there be no newspaper published in the county; or if there be none that will publish such notice at the rates prescribed by law, or if in the opinion of the trustee, the property be of less value than three hundred dollars, such a notice of sale shall be posted at least thirty days prior thereto on the front door of the court house of the county in which the property to be sold is, and at three other public places at least in the county, one of which shall be as near the premises to be sold (in case the sale be of real estate) as practicable; and in all cases, whether the notice be published or not, a copy of such notice shall be served on the grantor in the deed, or his agent or personal representative, if he or they be within the county, at least twenty days prior to the sale. (Code 1916, c. 72.)

§ 5. Form of trustee's deed.—Every deed for real estate sold under a deed of trust may be made in the following form, or to the same effect:

“This deed, made the – - day of - between AB- , trustee, of the first part, and

C

D

- , of the

second part: Whereas, The said trustee, by virtue of the authority vested in him by the deed of trust hereinafter mentioned (or by an order of the circuit court of the county of — , made on the day of — as the case may be) did sell, as required by law, a certain tract (or lot as the case may be) of land, situate in the county (or city, town or village, as the case may be) of --, conveyed by E- F-- to the said AB— , trustee (or to G- H- trustee, as the case may be) by deed bearing date the day of — and recorded (if it be recorded) in deed book- , on page in the office of the clerk of the county court of the county of

-, and bounded and described therein as follows: (here insert the description and quantity as set forth in the deed of trust, and any further description deemed necessary.) And whereas, at such sale the said

C D — purchased the said property for the sum of -- dollars. Now, therefore, this deed witnesseth: That the said A- B- trustee as aforesaid, doth grant unto the said a D- the said real estate hereinbefore described. Witness the following signature and seal.

A---B , Trustee, [L. S.]”. (Code 1916, c. 72.)

§ 6. Vendor's lien.—If any person convey any real estate and the purchase money or any part thereof, remain unpaid at the time of the conveyance, he shall not thereby have a lien for such unpaid purchase money, unless such lien is expressly reserved on the face of the conveyance. (Code 1916, c. 75.)

§ 7. Decrees to have effect of judgments; enforcement.-A decree for land or specific personal property and a decree or order requiring the payment of money, shall have the effect of a judg. ment for such land, property or money, and be embraced by the word “judgment” where used in this or any of the three succeeding chapters. But a party may proceed to carry into execution, a decree or order in chancery, other than for the payment of money, as he might have done if this and the following section had not been enacted. The persons entitled to the benefit of any decree or order requiring the payment of money, shall be deemed judgment creditors, although the money may be required to be paid into a court, or a bank or other place of deposit. In such case, an execution on the decree or order shall make such recital thereof, and of the parties to it as may be necessary to designate the case; and if a time be specified in the decree or order within which the payment is to be made, the execution shall not issue until the expiration of that time. (Code 1916, c. 139.)

$ 8. What obligations “judgments" include.--In the following section the word “judgment” shall include any undertaking, bond or recognizance which has the force of a judgment. (Code 1916, c. 139.)

$ 9. Furnishing abstract and docketing of judgment. The clerk of every circuit and municipal court shall, without delay, make out and deliver a duly certified abstract of every judgment rendered by such court, and every justice of the peace shall, without delay, make out and deliver a duly certified abstract of every judgment rendered by him, or by any other justice, the docket of which is in his possession and under his control, to any person interested therein who may demand the same, and pay or tender the fee therefor, in which abstract shall be stated the names in full of the plaintiff or plaintiffs, and the defendant or defendants, as they appear in the papers and proceedings in the cause, and if the defendants are sued as partners, the partnership name shall be stated; the amount of the judgment and the amount of the costs, stating each separately; the value of specific property (if any) recovered by it, and the damages (if any) for its detention; the date of the judgment and the court in which, or the justice by whom, the judgment was rendered. Any clerk or justice who shall fail to deliver such abstract as herein required, shall be guilty of a misdemeanor and fined fifty dollars. And the clerk of every county court shall keep in his office in a well bound book a judgment docket, in which he shall docket without delay any judgment rendered by any justice of the peace or court of this state or by any circuit or district court of the United States within this state, upon the delivery to him of such authenticated abstract thereof for that purpose, and the payment or tender of his fee therefor. In such docket there shall be stated, in separate columns: 1. The names in full of the plaintiff or plaintiffs, and the defendant or defendants, as they are stated in such abstract, and if it appear by such abstract that the defendants were sued as partners, their partnership name shall also be stated. 2. The amount of the judgment and of the costs, stating each separately. 3. The value of any specific property recovered by the judgment, and the damages (if any) for its detention. 4. The date of the judgment. 5. The court in which or the justice by whom it was rendered. 6. The date of docketing the judgment. Every judgment docketed by the clerk of the county court as aforesaid, shall at the same time be indexed by him in an index to be kept in or annexed to said judgment docket, in the full name of the defendant, and if more than one defendant, in the full name of each, as they appear in the said abstract. If the defendants are sued as partners, it shall also be indexed in the partnership name appearing by such abstract. Any clerk of a county court failing to perform any duty required of him by this section shall be guilty of a misdemeanor, and be fined fifty dollars; and he and his securities in his official bond shall moreover be liable to any person injured by such failure for all such damages as he may sustain by reason thereof. (Code 1916, c. 139.)

§ 10. Lien of judgment on real estate; issuance and filing of execution.—Every judgment for money rendered in this State heretofore or hereafter, against any person, shall be a lien on all real estate of or to which such person shall be possessed or entitled at or after the date of such judgment, or, if it was rendered in court, at or after the commencement of the term at which it was so rendered, except as follows: No judgment shall be a lien on real estate as against a purchaser thereof for valuable consideration without notice, unless it be docketed according to the eighth or ninth sections of this chapter, in the county wherein such real estate is, either within sixty days next after the date of such judgment or before a deed therefor to said purchaser is delivered for record to the clerk of the county court. Provided, that the judgment of a justice of the peace shall not be a lien on real estate against such purchaser until the same is docketed as aforesaid, and Provided, further, that no judgment which is a lien on real estate shall continue a lien on such real estate, in case execution issue thereon, unless the execution issued on said judgment, or' a copy thereof be filed in the office of the clerk of the county court, wherein such real estate is situate, within ten years from the date of said judgment or in case other executions have theretofore issued on said judgment, then within ten years from the date of the last execution so issued thereon. And it shall be the duty of the clerk of the county court wherein such real estate is situate, to note on the page of the judgment

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