McMinn v. O'Connor

Citations

• 27 Cal. 238

Syllabus

<p>Acknowledgment of a Deed. — A consular agent of the United States in a foreign port, on the 15th of January, 1859, or prior thereto, was not empowered to take and certify the acknowledgment of the execution of a deed conveying real estate in this State.</p> <p>Certificate of Acknowledgment of Deed.—A certificate of the acknowledgment of the execution of a deed is defective if it does not state that the person making the acknowledgment is known to the officer, or proved to him to be the person described in and who executed the same.</p> <p>Certified Codies of Deeds as Evidence.—Copies of deeds duly filed for record in the Recorder’s office of the proper county, or which, after having been duly filed for record, have been recorded in the proper book of records, are admissible in evidence in all Courts and in all actions and proceedings with the like effect as the originals could be if produced, upon proof of the loss of the originals, or that they are not in the power of the party offering the copies.</p> <p>Deeds duly Recorded.—Deeds not properly acknowledged or proved, but filed for record or recorded in the proper book of the proper county, are not duly filed for record or duly recorded.</p> <p>Certified Copy of Recorded Deed not duly Acknowledged as Evidence.— A certified copy of a deed filed for record, or recorded in the proper book of records prior to the Act of April 30, 1860, but which was not acknowledged or proved as required by law, is not admissible in evidence without proof being first made that the original deed was genuine, and was, in truth, executed by the grantor or grantors therein named.</p> <p>Deed not duly Acknowledged, Executed and Witnessed in a Foreign Country.—Where a deed not properly acknowledged is executed and witnessed by a subscribing witness in a foreign country, proof that it was executed by the grantor is sufficient to entitle it to be received in evidence without producing the attesting witness, or accounting for his absence, or