Clark v. Troy

Citations

• 20 Cal. 219

Syllabus

<p>Sectiok twenty-nine of the Act concerning Conveyances, which authorizes an instrument which has been proved in the manner prescribed in that act to be read in evidence with the certificate without further proof, is not limited to instruments to be thereafter executed.</p> <p>Thus, where a deed was executed in September, 1847, and in December, 1860, proof of the execution was made by the subscribing witness before a Notary, who certified to the same in the form required by the Conveyancing Act: Held, that the certificate entitled the deed to be read in evidence.</p> <p>The term “valuable consideration,” as used in the twenty-sixth section of the Conveyancing Act, means a pecuniary consideration, or its equivalent, as distinguished from a good consideration, and has no reference to the adequacy of the price to the value of the property conveyed.</p> <p>The doctrine of Call v. Hastings, (3 Cal. 179) and Stafford v. Lick, (7 Id. 474) that a deed executed before the passage of the Act concerning Conveyances must, in order to prevail against a subsequent deed taken in good faith, and for a valuable consideration, be first recorded—affirmed on the principle of stare decisis.</p>