Legal Opinion

Douglass v. Carmean

Supreme Court of Kansas

Decided July 15, 1892PublishedCited by 1 opinion

Error from Jackson District Court. Action by Pearson Carmean, Charles Broderick, Case Broderick, Mary D. Smith, John Q,. Myers and Emmet Rafter against John C. Douglass, to quiet title to certain land. Judgment for plaintiffs, at the June term, 1889. Defendant brings error. The chief defect in the form of the deed is in the certificate of acknowledgment.

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Error from Jackson District Court. Action by Pearson Carmean, Charles Broderick, Case Broderick, Mary D. Smith, John Q,. Myers and Emmet Rafter against John C. Douglass, to quiet title to certain land. Judgment for plaintiffs, at the June term, 1889. Defendant brings error. The chief defect in the form of the deed is in the certificate of acknowledgment. Under onr statute, the certificate of acknowledgment is part of the deed, and in fact the most important part, as it is the evidence part of it. Such deed conveys the absolute title; such deed is prima fade evidence. See said section 112,…

1Per curiam

The proposition decided in the case of Douglass v. Bishop, 45 Kas. 200, is identical with the question involved in this case. For the reasons given in that case, the judgment of the district court is affirmed in this case.

2Cases cited1 opinion

  1. Douglass v. BishopSupreme Court of Kansas · 1891

3Cited by1 opinion

  1. Baughman v. HarveySupreme Court of Kansas · 1907

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