41.1-7 - Copies of unsigned grants admissible in evidence; Commonwealth's right relinquished when certain taxes paid; correction of record.
§ 41.1-7. Copies of unsigned grants admissible in evidence; Commonwealth'sright relinquished when certain taxes paid; correction of record.
Where the records in the Land Office disclose the fact that the land warrantsused as the foundation for a grant of any of the public lands of theCommonwealth, subject to grant, were fully paid for and that the right tosuch grant was finally and fully completed in the manner prescribed by lawand a grant therefor made out and spread upon the record book in the LandOffice, in due form of law and regular in every respect only that the name ofthe then Governor of Virginia was not recorded at the foot thereof on therecord book, it shall be the duty of the Librarian of Virginia, upon therequest of any person interested, to furnish a copy of such grant as itappears of record in the Land Office, together with a certificate to theeffect that the land warrants upon which such grant was founded, were fullypaid for; that the right to such grant had been finally and fully completedin the manner prescribed by law, and that the grant was regular in everyrespect except only that the signature of the Governor did not appear at thefoot thereof on the record. Such copy and certificate shall be received inevidence in any legal proceeding in which the title to the land described insuch grant, or any part thereof, is brought in controversy, and shall beprima facie evidence of title to such land; and when the land embraced insuch grant, or any part thereof, shall have been regularly on the proper landbooks and the taxes and levies regularly assessed thereon and paid by theclaimants thereof, claiming under such grant, for a continuous period of tenyears, any title which may rest in the Commonwealth, to so much of the landas has been so on the land books and upon which the taxes and levies shallhave been so paid, shall be relinquished to the person so claiming the same,and any such claimant of such land, on which the taxes and levies shall havebeen so paid, may file a petition in the circuit court of the county or cityin which such land lies, after ten days' notice in writing to the attorneyfor the Commonwealth for such county or city who shall appear and defend thesame on behalf of the Commonwealth and the county or city; and uponsatisfactory proof of the fact that such land has so been on the land booksof the county or city and all the taxes and levies regularly paid thereon forthe period of time hereinbefore specified, and the production before thecourt of the copy of such grant and the certificate of the Librarian ofVirginia, hereinbefore provided for, the court shall make an order whichshall recite and set forth all of such facts so proved and shown, whichorder, when so made and entered of record on the proper order book of thecourt, shall operate to effectually relinquish to the person so claiming suchland through and under such grant, whatever right and title may rest in theCommonwealth, thereto; and a copy of such order shall be conclusive evidenceof the better right of the claimant under such grant, in any caveatproceeding, or in any other controversy between such claimant and any otherperson claiming under a location of such land or any part thereof, made afterthe date of such order.
But nothing contained in this section shall in any manner affect any rightadverse to any person claiming under such grant, which vested prior to June22, 1926, nor divest the right or title, if any, of any junior grantee of anypart of the land embraced within the exterior bounds of such grant, claimingunder a junior grant which was regularly issued prior to June 22, 1926, oranyone holding or claiming through or under such junior grantee, but in anycontroversy between such adverse claimants or junior grantees, or personsclaiming or holding through or under them, and any person holding or claimingthrough or under such grant as is first herein mentioned, the contestingparties shall be left to the strength of their respective rights and titlesaccording to the nature of the case, independent of this section, and just asif it had not been enacted.
If it shall appear from the original of any such grant as is firsthereinbefore referred to, that such original was actually signed by theGovernor, the Librarian of Virginia shall, upon the presentation to him inthe Land Office, of such original grant so signed, correct the record thereofso as to conform to such original grant, and affix thereto the date of suchcorrection and a certificate of the fact that such original, duly signed bythe Governor, had been presented to him.
(Code 1950, § 41-9; 1970, c. 291; 1998, c. 427.)