Hastings v. Vaughn

Citations

• 5 Cal. 315
• 1855 Cal. LEXIS 125

Syllabus

<p>An impression upon paper constitutes a good seal, and this may be made as well by a pen as by a stamp ; therefore, a scrawl, with the word seal written within it, or with the initials L. S., is sufficient.</p> <p>Delivery of a conveyance is a question of fact to be determined by the jury, and depends more upon the intention of the parties, than upon the mode of fulfilling the intention.</p> <p>The statute requires the seal of the officer taking the acknowledgment to be attached, as preliminary to fitting the deed for registration, and without conforming strictly to the statute, the registration will not be of such a character as to charge constructive notice.</p> <p>Although a deed be defective in the acknowledgment, so as not to entitle it to registration, it is not void, but is still good as between the parties, and as to all the world, except subsequent purchasers without notice.</p> <p>A deed defective in the acknowledgment, should not be rejected as evidence for that reason, but should be admitted, with instructions to the jury as to its effect in giving notice to third persons.</p>