William E. Galloway v. Rose Ann Cinello, No. 21226 (W. Va. October 23, 1992) (Miller, J.): 188 W.Va. 266, 423 S.E.2d 875:
Where attorney improperly acted as both notary and trustee on a deed of trust, the Court held (1) a notary with a disqualifying interest may not legally perform, under W. Va. Code § 29C-3-102, any notarial act in connection with the transaction; (2) to determine whether a notary's disqualifying interest should act to void the instrument acknowledged, a court should consider whether an improper benefit was obtained by the notary or any party to the instrument, as well as whether any harm flowed from the transaction, overruling Tavenner v. Barrett, 21 W. Va. 656 (1883); (3) once it is shown that actual prejudice, unfair dealing, or undue advantage has resulted from a notary's disqualifying interest in an instrument, the burden shifts to the notary to demonstrate than no improper benefit was obtained and no harm occurred as the result of the acknowledgment; and (4) a notary is liable to persons involved, under W. Va. Code § 29C-6-101, for all damages proximately caused by the notary's "official misconduct," which means the unauthorized, unlawful, abusive, negligent, reckless, or injurious exercise of the power or authority of a notary.
Raymond Kenneth McGuire, et al. v. Gertrude Walker, et al., No. 20917 (W. Va. October 23, 1992) (Miller, J.): 188 W.Va. 214, 423 S.E.2d 617:
Where defendant sought to introduce evidence of ownership of disputed land that was the subject of a number of deeds which referred back to a school lands sale deed, the Court stated that such deeds were admissible, holding that R. Evid. 803(15) permits the admission of statements in documents affecting an interest in property.