Touchard v. Crow

Citations

• 20 Cal. 150

Syllabus

<p>A ComriT Clerk may issue process and attest proceedings of the Courts of which . he is ex officio Clerk over his signature as County Clerk, and leave to the title of the proceedings, or the contents of the instruments, the identification of the Courts to which they belong.</p> <p>He may likewise attest and sign as County Clerk a certificate of acknowledgment, affixing thereto the seal of Court of which he is ex,officio Clerk, and the seal affixed with its inscription will sufficiently designate the Court of which, in that particular matter, he is acting as Clerk.</p> <p>The authority of a Deputy County Clerk, in taking and certifying to acknowledgments of conveyances, is coextensive with that of his principal.</p> <p>Where the transcript on appeal contains what purports to be a copy of a certificate of acknowledgment, made by a Deputy County Clerk, the attesting clause of which recites that the seal of Court is thereto affixed, and in the margin opposite is the word “ seal ” embraced in brackets, it will be presumed, nothing appearing to the contrary, that the seal affixed to the original instrument is of the Court of which the attesting officer was Clerk.</p> <p>A certificate of acknowledgment to a conveyance made in 1852, was in its form correct and was attested as follows:' “ Witness my hand and seal of Court affixed at office, this thirtieth day of July, A. D. 1852. John A. Brewster, Deputy County Clerk of Sonoma county,” with the proper seal of Court affixed: Held, that the certificate was sufficient, and entitled the conveyance to record.</p> <p>The operative words of release in a simple quit claim deed are, “ remise, release and quit claim.” Where the words “ bargain, sell and quit claim ” are employed, they operate not merely to release, but to transfer any interest which the grantor possesses at the execution of the deed.</p> <p>A patent of the United States, following a final decree affirming the validity of a Mexican grant in a proceeding instituted be