‘   -<`*   ` ~ » FEDERAL REPORTER. ` it
have just held that I cannot’remand‘ it until the next session of this
court, it must follow that I should decline to appoint commissioners as
requested. The motions are denied. .
McComuAcK v. J Aims.
i \ (District Uaurt, W D. Virginia. May 2*7,1886.)
1. Equ1·rv—Pnacr1cn—Masrs1z’s REPORT~STATEMEliT or Facrs.
Under U. S. equity rule’No. 76, providing that masters’ reports shall recite
no part of any state of facts. etc., used before them, but shall refer to and
specify such state of facts, so as to inform the court what state of facts was
used, a commissionefs report need not state what facts he considers proved
` by the evidence. ‘ · ‘
2. Baum-Score or- Rmmamnom. · » ~ A l
1 · A commissioner may allow charges for improvements on real estate, al-
though that matter was not embraced in the decree of reference, where the
A question is raised by the pleadings, and the parties examined witnesses as to
· the value of' such improvements, and agreed to submit the same to arbitra-
. ._tion, and the master adopted the award, _ .
8. Moaresoms-—Ds:m>s or TRUSfP¤—REC‘ORDING—BONA Fros Puncnasnn. .
Under Code Va. 1860. c. 118, § 5; providing that every deed of trust of real
estate shall be void as to creditors and subsequent purchasers for s. valuable
consideration without notice, until it is admitted to record, a recorded deed
of trust of real estate is notice to a subsequent purchaser.
4. SAmm—AoK1¤0wLs:1>eMsnr-¥Cs1z*rr1i·rc.~.*r1a:. U
A certincate of acknowledgment to a deed of trust certifying that H. J.,
"whose name appears signs tothe within deed, came this day before me,
, _R. C ,W., acting justice for said county. and acknowledged the same to be
his act and dee , and desired me to certify the same to the clerk of the county
` court of said country, that it may be duly recorded," is a substantial com—
. pliance with Code a. 1860, c. 121, § 3. requiring such certificate to be to the
following eifect: F‘I, —, a justice of the peace in the county aforesaid, in
. the state of +-. do certify that ———-, whose name is signed to the writ-
ing above. (or hereto annexed,) bearing date on the -—-— day of ——-, has
‘   apknowledged the same before me, in my county aforesaid, "—aud is suiil-
, cient.   ` .
5. SAM1d—RIGHTS’OF Bm1s:r1c11i1zv—Esrorr1rr.-IN Pars. ‘
‘ ` ` z A beneiiciary under a recorded deed of trust is not estopped from asserting
~ · his lien as against a subsequent purchaser of the land by having merely been
. cognizsnto and participated in the negotiations culminating in a sale to such
` I purchaser.! ‘ . ‘ _ `
~ j In Equity. On exceptions to commissioners report.
· Campbell dc Trigg, Daniel Tligg, and Selden Longley, for plaintiii`. ’
" Whitei&: Buchanan, for defendant. A ‘ *
ZPAUL,-J.` On the 25th` day of April, 1861, Hansford James, of Smyth
county, Vagexecuted to James Ward a deed of trust conveying to said
Ward a tract of land lying in said county, to secure `C81°t£IlH-`CY8dliOIS
' Ou the subject ofestoppel by conduct and declarations, see·McD0we11 v. Steel-Works,
(Ill.) ,16, N. E. Reps8M, and note; Guest v. Opera-House Go.,,(Iowa ) 38 N. W. Rep.158,
and note_;_ Towne v. Sparks éhleb.) B6 N. W. Rep. 375· Matthews v. Warner,33 Fed. Rep.
3691 Marrow v.·Brink1ey, ( a.) 6 S. E. Rep. 605, and note. ’ - _ ‘