Hastings v. Vaughn
California Supreme Court
Appeal from the District Court of the Seventh Judicial District, Solano County. The plaintiff commenced an action against the defendants, Vaughn and Shirley, to recover the possession of a certain lot in the city of Benicia. Shirley answered, disclaiming any interest or title in the property, and Vaughn answered by denying generally the allegations in the complaint.
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Appeal from the District Court of the Seventh Judicial District, Solano County. The plaintiff commenced an action against the defendants, Vaughn and Shirley, to recover the possession of a certain lot in the city of Benicia. Shirley answered, disclaiming any interest or title in the property, and Vaughn answered by denying generally the allegations in the complaint. The Mayor and Common Council of Benicia intervened and claimed title to the property in dispute, through a deed from Malinda Cooper and her children, who had become possessed of the land by a deed from Stephen Cooper. This deed…
1Opinion of the CourtHeydenfeldt, J.
Murray, C. J., and Bryan, J., concurred.
The only question necessary to be examined, is the exclusion from *318the jury of the deed made by Cooper to his wife and children; the Court deciding that the deed was void, because, first, it was not executed with a seal by the grantor; second; that the record did not impart notice, for the want of the seal of the officer before whom it was acknowledged.
To these objections to the deed, the respondent adds, that the deed was not delivered.
In Connolly v. Goodwin & Co., July Term, 1855, we decided that an impression upon paper constituted a good seal. We see…
2Cases cited2 opinions
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- Whitney v. DeweyIdaho Supreme Court · 1905
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