VA-ROOTS Archives

February 2004

VA-ROOTS@LISTLVA.LIB.VA.US

Options: Use Monospaced Font
Show Text Part by Default
Show All Mail Headers

Message: [<< First] [< Prev] [Next >] [Last >>]
Topic: [<< First] [< Prev] [Next >] [Last >>]
Author: [<< First] [< Prev] [Next >] [Last >>]

Print Reply
Subject:
From:
Paul Drake <[log in to unmask]>
Reply To:
Paul Drake <[log in to unmask]>
Date:
Mon, 2 Feb 2004 20:07:53 -0600
Content-Type:
text/plain
Parts/Attachments:
text/plain (21 lines)
Teresa is very close to the law, however instead of her words "...cannot provide....", it might be preferable to say "...does not provide...."   Better stated maybe still, the very title "Quit-Claim" means the signer of that document quits any claim he may have in the property and as Teresa says, he does not provide any certification or warranty of that ownership.  

All should know for use in the future that law dictionaries - Black's, Bouvier's, Webster, or any of the several others - ARE NOT where lawyers and judges go to find answers to questions; those are where we START in an effort to learn where an answer might be.  Only in the most rare instances would a court accept such a dictionary explanation as a statement of the existing law.

Finally, and then I am done with the question, as Janet said, in addition to settling estate questions, very often quit-claims were executed when a child moved west and suspected that he would be weeks or months away when the father died and would not be able to return later to assist in settling an estate.  Every time such a child did that and then the father changed his will leaving that child out of the devises of real estate (and it happened very often), such quit-claims were null and void and accomplished nothing legally.  I have yet to see any rule of law that stated or even suggested that only those who legally had a known interest could sign quit-claims.  If there is such a rule, please cite it for me.  Paul   
    
  ----- Original Message ----- 
  From: Teresa Martin Klaiber 
  To: [log in to unmask] 
  Sent: Monday, February 02, 2004 7:33 PM
  Subject: Re: Quit Claim



   The Quit Claim simply states that the owner cannot provide warrented
  documentation of ownership  but to the best of his knowledge he takes
  responsibility of ownership.

To subscribe, change options, or unsubscribe please see the instructions at
http://listlva.lib.va.us/archives/va-roots.html

ATOM RSS1 RSS2