Legal Opinion

People ex rel. Title Guarantee & Trust Co. v. McQuade

New York Supreme Court

Decided June 15, 1922Published

Motion for peremptory mandamus to compel the register to record a deed.

1Opinion of the CourtFawcett, J.

The motion presents the question of the sufficiency of a certificate of authentication of an acknowledgment taken out of this state, under the provisions of section 312 of the Real Property Law, as amended by chapter 202 of the Laws of 1922, which with the amendment in italics, reads as follows:

“ * * * such certificate of authentication must specify that, at the time of taking the acknowledgment or proof, the person taking it was duly authorized to take the same; that the authenticating officer is acquainted with the former’s handwriting, or has compared the signature to the original…

2Cases cited9 opinions

  1. Houston v. MooreSupreme Court of the United States · 1820
  2. United States v. CrosbySupreme Court of the United States · 1812
  3. People v. . WilmerdingNew York Court of Appeals · 1893
  4. People v. . BriggsNew York Court of Appeals · 1908
  5. Turtle v. TurtleAppellate Division of the Supreme Court of the State of New York · 1898

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