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CULBERTSON V. H. WITBECK CO., 127 U. S. 326 (1888)

U.S. Supreme Court

Culbertson v. H. Witbeck Co., 127 U.S. 326 (1888)

Culbertson v. The H. Witbeck Company

No. 217

Argued April 11, 1888

Decided April 30, 1888

127 U.S. 326




The statutes of Michigan require the attestation of two witnesses to the grantor's signature. A deed of husband and wife was offered in evidence, the attestation to which was: "Signed, sealed, and delivered in presence of S.W. for" the husband, "W.H.R., G.H. for" the wife, and there was a certificate that "the word half' in the twelfth line was

Page 127 U. S. 327

interlined before signing S.W., E.W." E.W. signing this certificate with S.W. was the justice of the peace who took the acknowledgment, and his certificate of acknowledgment stated that he knew the person who made the acknowledgment to be the person who executed the instrument. Held that the execution of the deed was proved, and it was properly admitted in evidence.

A certificate by a master in chancery and notary public in New Jersey, taking an acknowledgment there of a deed of land in Michigan, that he is "satisfied that the parties making the acknowledgment are the grantors in the within deed of conveyance" is a sufficient certificate that they were the same persons as those named as grantors in the deed; but if defective in this respect, the defect is cured under the laws of Michigan by a certificate from the proper official that the person taking the acknowledgment was "a master in chancery and notary public" and that "the annexed instrument is executed and the proof of acknowledgment thereto taken in accordance with the laws of the New Jersey."

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