Bennett v. Green

Belcher, C. C. This is an action to quiet the plaintiffs’ title to certain subdivisions of a lot of land in the city of Los Angeles, known as lot 8 in block 22 of Hancock’s survey of thirty-five-acre city donation lots. The plaintiffs claim title in fee to the disputed parcels of land, deraigned through sundry mesne conveyances from the defendant, and under the statute of limitations.

In the court below, the findings and judgment were in favor of plaintiffs. The defendant moved for a new trial, and has appealed from the judgment, and from the order denying his motion.

To establish their title, the plaintiffs introduced in evidence a deed from the city of Los Angeles, dated [427]November 2, 1855, conveying to the defendant, P. D. Green, lot 8, and stating that the original certificate of possession was issued to William Foremen on the 1st of August, 1855, and was by him transferred to Adam Bland, and was by Bland- transferred to defendant. They also introduced in evidence a patent from the United States, dated August 9, 1866, granting to the city of Los Angeles pueblo lands, and it was admitted that lot 8 was within the boundaries of the land so granted.

The plaintiffs then offered in evidence the copy of a deed which was taken from the records of Los Angeles County, and was properly certified by the county recorder. It purported to be the copy of a deed dated February 6, 1869, signed by P. D. Green, and conveying lot 8 to one Edward McVickar. In the body of the deed the grantor was named D. P. Green, and proof of its execution was made by a subscribing witness. In his affidavit the witness said “ that he was present and saw D. P. Green, known to him to be the same person described in and who executed the annexed instrument as a party thereto, sign, seal, and deliver the same. And that he, the deponent, thereupon signed his name as a subscribing witness thereto.”

The defendant objected to the copy being received in evidence on the ground that it was “ incompetent evidence to prove the contents of the deed or the execution of it, or to show title, because it did not purport to have been acknowledged by the party who signed it, and showed on its face that it had not been acknowledged by the party who it is claimed signed it, and the witness who acknowledged it states that he saw D. P. Green sign, seal, and deliver it, and • that it is not a copy of an instrument which has been properly acknowledged.”