Werner v. Marx

Citations

• 113 La. 1002
• 37 So. 905
• 1905 La. LEXIS 800

Syllabus

<p>MANDATE — CONSTRUCTION—VENDOR AND PURCHASER-TITLE TO REALTY — CERTIFICATION BY CONSUL.</p> <p>1. There is no inconsistency, in an act executed by several heirs in a succession in which they acknowledge that they have received payment in full from one of their coheirs of everything falling to them in that succession, that they appoint that coheir as their agent to sell certain real estate described in the inventory of the succession. That portion of the act was necessary in order to take out of the heirs executing the power of attorney all apparent interest in the legal titles of the immovables.</p> <p>2. It is not necessary that all the links in a chain of title to real estate should be established by authentic acts. They may be proved upon the trial by proper and sufficient evidence.</p> <p>3. Under section 1436 of the Revised Statutes of 1876, it is the duty qf the several courts of Louisiana to receive the attestation of any American consul, consul general, vice consul, or commercial agent residing in any foreign country as legal evidence of the attributes and official station or authority of any magistrate or other civil officer in such foreign country under the laws thereof, which attestation and seal shall be full and complete proof that it emanated from said consul, etc. So, when an official in Germany certifies to the genuineness of the signatures to a power of attorney, and the American vice consul certifies to the signature and seal of that officer to his capacity and authority to make the acknowledgment, the signatures to the power must be held proved.</p> <p>The laws of Louisiana cannot control foreign officials as to the formalities to be followed in taking acknowledgments. Their power and authority are fixed by their own laws.</p> <p>(Syllabus by the Court.)</p>