Jones v. Martin
California Supreme Court
Appeal from the Twelfth District. Suit by plaintiff against William Martin, to set aside a warrantee deed executed by defendant to plaintiff, and to recover the consideration given therefor, to wit: five hundred dollars cash, and a promissory note of plaintiff for five hundred dollars more, on the ground of failure of title—the defendant having previously conveyed the land, as was claimed, to other persons.
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Appeal from the Twelfth District. Suit by plaintiff against William Martin, to set aside a warrantee deed executed by defendant to plaintiff, and to recover the consideration given therefor, to wit: five hundred dollars cash, and a promissory note of plaintiff for five hundred dollars more, on the ground of failure of title—the defendant having previously conveyed the land, as was claimed, to other persons. On the trial, plaintiff, among other deeds from defendant, offered in evidence a certified copy of one from Patrick Martin to one Reed. This copy, on its face, showed that the deed…
1Opinion of the CourtBaldwin, J.
Field, C. J. and Cope, J. concurring.
We think the Court erred in excluding the deed in this case. Take the transcript altogether, and we think it shows sufficiently that the seal of the Notary was affixed to the instrument. The certificate asserts *167that the Notary affixed his seal to it, and the words “ No seal,” in brackets in the margin, do not imply that there was no seal affixed, but axe a mere note of the Recorder of the place of the notarial seal, which he had probably no means of copying, nor was it necessary that he should transcribe it.
Judgment reversed and cause remanded.
2Cited by11 opinions
- Mitchner v. HolmesSupreme Court of Missouri · 1893
- Geary v. City of KansasSupreme Court of Missouri · 1875
- Emmal v. WebbCalifornia Supreme Court · 1868
- Todd v. Union Dime Savings InstitutionNew York Court of Appeals · 1890
- Strain v. Fitzgerald.Supreme Court of North Carolina · 1902
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