Citation Numbers: 10 Cal. 531
Judges: Field
Filed Date: 7/1/1858
Status: Precedential
Modified Date: 1/12/2023
Terry, C. J., and Baldwin, J., concurring.
Ho objection is taken to the record of the deed to the plaintiff, and the case turns on the question whether the proof of the execution of the deed to the defendant was sufficient to entitle the deed to record. The plaintiff purchased without actual notice of the defendant’s title, and can only be defeated of a recovery by constructive notice from the registry. The form in which the proof of the execution of the deed to the defendant is presented, is objected to. It is contended that it is not the certificate of the officer, but merely the affidavit of the subscribing witness. "We do not think the objection well taken. The signature of the witness, and the addition of the usual jurat to an affidavit, were unnecessary, and may be rejected as mere surplusage. They
The certificate to the deed of the defendant conforms substantially to the provisions of this section. It shows the identity of the witness produced with the person whose name is subscribed as a witness to the conveyance, such identity resting in the personal knowledge of the officer, and sets forth the proof of the execution, and that Caulfield, “ whose name is subscribed to such conveyance as a party thereto,” executed the same, which is equivalent to the words “is the person who executed the same,” in the presence of the witness, who thereupon became a subscribing witness thereof. Further particularity is not required. It follows, that the certificate was sufficient to entitle the deed to registry, and its record imparted notice to the plaintiff.
Judgment reversed, with directions to the Court below to enter judgment upon the agreed statement of facts for the defendant.