Boothroyd v. Engles

• Decision Date: 25 April 1871
• Citation: 23 Mich. 19
• Court: Michigan Supreme Court
• Parties: William H. Boothroyd v. Joseph Engles

23 Mich. 19

William H. Boothroyd v. Joseph Engles

Supreme Court of Michigan

April 25, 1871

Heard April 21, 1871

Error to St. Clair circuit.

This was an action of ejectment, brought by Boothroyd against Engles. On the trial the plaintiff's counsel, on his part, to maintain said issue, read in evidence a patent for the lands in question, from the United States to Hiram Sherman, dated August 21, 1838; and then offered in evidence the record of a deed, of which the following is a copy:

"Know all men by these presents, that I, Hiram Sherman, of Washington, county of Macomb, and state of Michigan, in consideration of twelve hundred dollars, paid by Aaron B Rawles, of Bruce, county and state aforesaid, the receipt whereof I do hereby acknowledge, do hereby give, grant, sell and convey, unto the said Aaron B. Rawles, his heirs and assigns (here follow a description of the lands and the ordinary terms of conveyance and covenants).

"In testimony thereof, I, the said grantor, have hereunto set my hand and seal, the 20th day of February, 1838.

"Harmon Sherman [L. S.]

"Signed sealed and delivered, in presence of

"D C. Walker,

"Azariah Prentiss.

"State of Michigan, "County of Macomb. ss.

"Be it remembered, that on the 20th day of February, 1838, there personally appeared the above named Hiram Sherman, to me known, and acknowledged the above instrument by him subscribed to be his free act and deed.

"Azariah Prentiss,

"Notary Public, Macomb Co., Mich."

To the reading of which the defendant's counsel objected, for the reason that no deed had been shown from Hiram Sherman, to Harmon Sherman, and that it appeared to be signed by a person other than the grantor named in the body of it. The court sustained the objection, and the plaintiff's counsel excepted.

The plaintiff's counsel, further to maintain said issue, offered and read in evidence deeds tending to show title in himself, by mesne conveyance, from Aaron B. Rawles, the grantee named in the said first mentioned deed.

Judgment affirmed, with costs.

Atkinson Bros., for plaintiff in error, cited: Catlin v. Washburn, 3 Vt. 25; Pidge v. Tyler, 4 Mass. 541; Catlin v. Ware, 9 Mass. 218; Norris v. Wadsworth, 17 Wend. 103; Jackson v. Schoonmaker, 4 Johns. 161; 6 Johns. 154; Lyon v. Kain, 36 Ill. 363; Norris v. Sargent, 18 Iowa 93; Van Orman v. McGregor, 23 Iowa 302.

Conger & Harris, for defendant in error.

OPINION

Campbell, Ch. J.

The only question in this case is whether the record of a deed, purporting to be signed by Harmon Sherman, and certified to have been acknowledged by Hiram Sherman (the latter name being inserted in the beginning of the deed as the grantor), can be received in evidence as the conveyance of Hiram Sherman, the original deed not being shown.

Our statutes now require every deed to be "signed and sealed by the person from whom the estate or interest is intended to pass," as well as acknowledged by the person executing it.

The signing cannot be dispensed with, and no one but the...