Blackshire v. Iowa Homestead Co.
Supreme Court of Iowa
Appeal from Webster Girotdvt Oourt. Action to recover upon the breach of a covenant of seizin in a deed for land executed by defendant to plaintiff. The answer -is a general denial of the allegations of the petition. There was a verdict and judgment for jilaintiff. Defendant appeals. The facts of the case appear in the opinion.
1Dissent
Miller, Cii. J\,
dissenting.- — -I dissent from the views expressed and the conclusion reached in the first paragraph of the foregoing opinion.
By the well settled rules of evidence, the mere production in court of a deed purporting to be executed by a private corporation, under its corporate seal, is not sufficient evidence to establish the fact that it is the act and deed of the corporation. The seal will not prove itself. The court cannot presume, without some proof, that the seal is genuine and was affixed by proper authority. Moises v. Thornton, 8 Term. R., 303; Jackson v. Pratt, 10 Johns.…
2Cases cited3 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Lovett v. Steam Saw Mill Ass'nNew York Court of Chancery · 1836
- Foster v. ShawSupreme Court of Pennsylvania · 1821