Secrist v. Green

Citations

• 70 U.S. 744
• 18 L. Ed. 153
• 3 Wall. 744
• 1865 U.S. LEXIS 753

Syllabus

<p>1. An acknowledgment on the day of its date, before a master of chancery, . in New York, of a deed executed 3d March, 1818 — probate being made by a subscribing witness personally known to the master, of the identity of the party professing to grant with the party presenting himself to acknowledge — and the record of acknowledgment certifying that the grantor “consented that the deed might be recorded where necessary” — was a sufficient acknowledgment of the deed, by the laws of New York regulating the subject, at the date when the deed was made.</p> <p>2. Having been so', and conveying land in Illinois, such deed was entitled to be recorded in Illinois; the laws of that State allowing deeds for lands in the State, executed out of it but within the United States, to be recorded when acknowledged or proved in conformity with the law of the State where executed ; and when so recorded, it was properly read without other proof of execution.</p> <p>3. Reputation being sufficient to establish death and heirship, a statement of them in a deposition, by an ancient witness, .long and intimately acquainted with the family about which he testifies, and who says that certain children (“as appears from entries in the family Bible, and which I believe to be true,”) died at such a time, and another child at another time, “as I am informed and believe,” — is not subject to exception at the trial.</p> <p>4. When a decree finds that due legal notice of intended proceedings in partition had been given to all the heirs of a decedent, the finding is, in Illinois, primd facie though not conclusive evidence of the fact.</p> <p>6. Jurisdiction of a court being once established, its proceedings cannot be . questioned collaterally by one not a party to them, and who seeks no rights under them.</p> <p>6. By the' laws of Illinois, a copy of a will proved in one State, and with its probate and letters duly authenticated under the act of Congress for the authentication of records to be used i