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Durkin v. Burr

Supreme Court of California
Apr 1, 1882
60 Cal. 360 (Cal. 1882)

Summary

In Joseph v. Dougherty, 60 Cal. 360, it was held that when an instrument was signed and acknowledged by a married woman it was executed; and in Hutchinson v. Ainsworth, 73 Cal. 458, 2 Am. St. Rep. 823, the court clearly indicates that the notary's certificate is no part of the conveyance, where it is said: "The conveyance, then, having been properly executed and acknowledged (though not properly certified), was valid as between the parties to it and all the world, except subsequent bona fide purchasers," etc.

Summary of this case from Banbury v. Arnold

Opinion

         Department One

         Appeal from an order in Fourth District Court of the City and County of San Francisco. Evans, J.

         COUNSEL

          Mich. Mullany, for Appellant.

          A. N. Drown, for Respondents.


         OPINION          The Court:

         On the authority of Grant v. Burr , 54 Cal. 298, and Bateman v. Burr , 57 id. 480, the order is affirmed.


Summaries of

Durkin v. Burr

Supreme Court of California
Apr 1, 1882
60 Cal. 360 (Cal. 1882)

In Joseph v. Dougherty, 60 Cal. 360, it was held that when an instrument was signed and acknowledged by a married woman it was executed; and in Hutchinson v. Ainsworth, 73 Cal. 458, 2 Am. St. Rep. 823, the court clearly indicates that the notary's certificate is no part of the conveyance, where it is said: "The conveyance, then, having been properly executed and acknowledged (though not properly certified), was valid as between the parties to it and all the world, except subsequent bona fide purchasers," etc.

Summary of this case from Banbury v. Arnold
Case details for

Durkin v. Burr

Case Details

Full title:JOHN DURKIN v. E. W. BURR et al.

Court:Supreme Court of California

Date published: Apr 1, 1882

Citations

60 Cal. 360 (Cal. 1882)

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