Touchard v. Keyes

Citations

• 21 Cal. 202

Syllabus

<p>Tenants in common can unite in this State by statute in an action for the possession of real property, and the executor of a deceased tenant in common can unite with the cotenants of his testator in such actions.</p> <p>The books of record of deeds, mortgages, and other instruments, kept by Alcaldes previous to the organization of the State Government, which were transferred to the custody of the County Recorder by the Act of April 13th, 1850, entitled “An Act concerning the Transfer of certain Records, Conveyances, and Papers,” have been placed by the twenty-first section of the Act of March 26th, 1851, entitled “An Act concerning County Recorders,” upon a footing with other records kept by the County Recorders; and certified copies of instruments found therein are admissible in evidence under the same circumstances as are certified copies of records made by the Recorders themselves— namely, upon proof of the loss or the inability of the party to produce the originals.</p> <p>Per Norton, J., dissenting. — The twenty-first section of the Act concerning County Recorders of March 26th, 1851, applies only to such records as are by that act required to be kept in the Recorder’s office. It has no application to the records of Alcaldes which by a previous act had been transferred to the custody of the Recorders, and a copy from such records is not admissible upon the certificate of the Recorder.</p>