Legal Opinion

Lewis v. Herrera

Arizona Supreme Court

Decided March 30, 1906No. Civil No. 955PublishedCited by 12 opinions

. APPEAL from a judgment of the District Court of the Third Judicial District in and for the County of Maricopa. Edward Kent, Judge. Affirmed. Opinion 208 U. S. 309, 52 L. Ed. 506. The facts are stated in the opinion. The courts of states which have similar provisions to paragraph 725 of the Revised Statutes of 1901 have said that the acknowledgment was not a part of the deed. Sicard’s Lessee v. Davis, 6 Pet.

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. APPEAL from a judgment of the District Court of the Third Judicial District in and for the County of Maricopa. Edward Kent, Judge. Affirmed. Opinion 208 U. S. 309, 52 L. Ed. 506. The facts are stated in the opinion. The courts of states which have similar provisions to paragraph 725 of the Revised Statutes of 1901 have said that the acknowledgment was not a part of the deed. Sicard’s Lessee v. Davis, 6 Pet. (U. S.) 124, 8 L. Ed. 342. To the same effect, see McLain v. Canales, (Tex. Civ. App.) 25 S. W. 29, 30; Frank v. Frank, (Tex. Civ. App.) 25 S. W. 819; Kimmarle v. Houston and T. C. By.…

1Opinion of the CourtDoan, J.

On August 25, 1903, while it. Allyn Lewis and Laetitia M. Lewis, his wife, were in Germany, Lewis signed and delivered to his wife a deed of gift, conveying to her certain real property in Phoenix, Arizona. The deed was not acknowledged until January 9, 1904. On December 29, 1903, Lewis signed and delivered to his wife another deed, conveying to her as a gift the same property, but with a more accurate description, which second deed was also acknowledged on January 9, 1904. Both deeds were recorded in Maricopa County, Arizona, on the sixteenth day of January, 1904. In November, 1903, Lewis…

2Cases cited3 opinions

  1. Clark v. GrahamSupreme Court of the United States · 1821
  2. Hendon v. WhiteSupreme Court of Alabama · 1875
  3. Watson v. HerringSupreme Court of Alabama · 1896

3Cited by12 opinions

  1. Moore v. BrowningCourt of Appeals of Arizona · 2002
  2. Hoover v. WukaschTexas Supreme Court · 1953
  3. Murphey v. BrownArizona Supreme Court · 1909
  4. Collins v. StreitzCourt of Appeals for the Ninth Circuit · 1938
  5. Ferguson v. RobertsArizona Supreme Court · 1946

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