Brown v. Cady
Michigan Supreme Court
Case made from Lapeer Circuit. The action was ejectment. The land in controversy was shown to have been patented by Prentice Williams; and the plaintiff then offered in evidence the record of a deed jn the office of the Register of Deeds of Lapeer county, which pm-ported to have been executed by Prentice Williams to John B. Cady, June 15th, 1838, and to convey said premises, but defective because witnessed by one person only.
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Case made from Lapeer Circuit. The action was ejectment. The land in controversy was shown to have been patented by Prentice Williams; and the plaintiff then offered in evidence the record of a deed jn the office of the Register of Deeds of Lapeer county, which pm-ported to have been executed by Prentice Williams to John B. Cady, June 15th, 1838, and to convey said premises, but defective because witnessed by one person only. No evidence of any kind was offered to show that the deed was executed according to the laws of Massachusetts. The date of the record was March 23d, 1838. The defendant…
1Opinion of the Court
Campbell J.:
This was an action of ejectment. The plaintiff below, in order to make out his' case, introduced the record of a deed purporting to have been executed January 15th, 1838, by Prentice Williams, the patentee, to John B. Cady, having but one witness, and having an undated acknowledgment purporting to be taken in Massachusetts before a justice of the peace. The date of the record was in March, 1838. No other certificate vas appended, and no proof was offered with it.
Tins record was objected to as invalid for several reasons assigned, and was claimed by the plaintiff below to be within…
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