Talbert v. Stewart
California Supreme Court
Appeal from the District Court of the Sixth District, Sacramento County. This action was brought to recover judgment for the possession of two pieces or parcels of land in Sacramento County. Plaintiff deraigned title by regular mesne conveyances from John A. Sutter.
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Appeal from the District Court of the Sixth District, Sacramento County. This action was brought to recover judgment for the possession of two pieces or parcels of land in Sacramento County. Plaintiff deraigned title by regular mesne conveyances from John A. Sutter. The Court having sustained defendants’ objection to the introduction in evidence of a deed from Sutter, which plaintiff claimed was an indispensable link in his chain of title, plaintiff submitted to a nonsuit, on account of said ruling, for the purpose of appealing to this Court-. The other facts are stated in the opinion.
1Opinion of the CourtRhodes, C. J.
The bill of exceptions shows that the plaintiff “offered in • evidence the record of a deed from John A. Sutter, by his. attorney in fact, John S. Fowler;” that “the defendants ob*603jected to the reading of said deed in evidence, upon the ■ground that there was no lawful evidence of the execution of' said deed, and that it was not properly acknowledged. The certificate of acknowledgment is as follows, to wit ;
“ State of California, County of Sacramento. On the 22d day of October, A. D. 1850, personally appeared before me, a Notary Public in and for said county, John A. Sutter, by his attorney in…
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