Younge v. Guilbeau
Supreme Court of the United States
A statute of Texas, relating to the registry of deeds, &e., provides as follows :* “ Every instrument of writing which is permitted or required by law to be recorded in the office of the clerk of the county court, and which has been, or may be so recorded after being proven or acknowledged in the manner provided for by the laws in force at the.time of its registration, shall be admitted as evidence, without the necessity of proving its execution; provided, the party who…
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A statute of Texas, relating to the registry of deeds, &e., provides as follows :* “ Every instrument of writing which is permitted or required by law to be recorded in the office of the clerk of the county court, and which has been, or may be so recorded after being proven or acknowledged in the manner provided for by the laws in force at the.time of its registration, shall be admitted as evidence, without the necessity of proving its execution; provided, the party who wishes to give the same in evidence shall file the same among the papers of the suit in which he proposes to use it, at…
1Opinion of the CourtJustice Field
delivered tbe opinion of tbe court.
Tbe State of Texas has provided by her legislation, as has been done in other States, a system for tbe registry of deeds and conveyances affecting the title to real property; and in connection with it, has modified, in some particulars, the rule of tbe common law with respect to tbe proof of their execution, when produced in tbe course of legal proceedings. One of her statutes enacts that every such instrument, when duly acknowledged and recorded pursuant to laws in force at the time, shall be admitted in evidence without proof of its execution, if the party…
2Cases cited1 opinion
- Jackson ex dem. Hopkins v. LeekNew York Supreme Court · 1834
3Cited by56 opinions
- Ten Eyck v. . WhitbeckNew York Court of Appeals · 1898
- Weber v. ChristenIllinois Supreme Court · 1887
- Thornton v. RainsTexas Supreme Court · 1957
- Alliance Milling Co. v. Eaton, Guinan & Co.Texas Supreme Court · 1894
- Fain v. SmithOregon Supreme Court · 1886
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