Younge v. Guilbeau
Decision Date | 01 December 1865 |
Citation | 3 Wall. 636,70 U.S. 636,18 L.Ed. 262 |
Parties | YOUNGE v. GUILBEAU |
Court | U.S. Supreme Court |
A STATUTE of Texas, relating to the registry of deeds, &c., provides as follows:*
With this statute in force, Mrs. Younge brought trespass against Guilbeau and eleven others in the Federal Court for the Western District of Texas, to try the title to a lot of ground in that district. She proved that the lot belonged originally to one Nixon, her ancestor, now deceased, and that she was his sole heir. Guilbeau and the others, defendants in the case, admitting the original ownership alleged, set up that Nixon had conveyed the lot, by deed, in his lifetime to a certain Shelby; from whom they, Guilbeau and the other defendants, derived title to themselves.
The suit thus involved, in its merits, the existence of a deed from Nixon to Shelby.
No original deed to Shelby was produced. A document, however, purporting to be a deed executed by Nixon to Shelby, embracing the premises in question, bearing date the 10th day of October, 1838, and acknowledged the 29th of the same month, had been filed for record on the 7th of December, 1846, in the office of the clerk of the proper county, in Texas, and was afterwards in due form placed on the records of the office. A certified copy of this instrument was offered in evidence by the defendants and admitted against the objection of the plaintiffs.
The defendants, on their side, and as a foundation for the admission of this certified copy, relied upon various affidavits by one of the defendants, and the counsel of the others, to show a loss of or inability to procure the original. None of the affidavits, however, though circumstantial enough, were clear and direct to this point; nor did any of them show, plainly, and as a matter of fact, that the deed (genuine or forged) which had been recorded, might not yet be in the possession or control of some of the numerous defendants.
The plaintiff, on her side, and in anticipation that this certified copy instead of any original would be offered in evidence, had filed an affidavit under the statute, that the original instrument purporting to be a conveyance from her ancestor to Shelby, and of which a copy was now offered, was, as she verily believed, 'forged.'
The court charged the jury with respect to the effect of this affidavit, as follows:
And further, in the same connection, and on the same point, the court refused the following instruction, asked by the plaintiff as to the effect of the affidavit, to wit:
As to the delivery of the deed by Nixon to Shelby, the later testified that he never knew of the existence of the deed until after the death of Nixon, and that he never made any claim to the property; and the evidence showed that the deed and the property which it purported to convey remained in the possession and control of the grantor until his death.
The court, at the instance of the defendant, charged the jury on this head as...
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Paxton v. State
... ... [81 N.W. 385] ... binding contract. See Duer v. James, supra ; ... Fisher v. Hall, 41 N.Y. 416; Younge v ... Guilbeau, 3 Wall. [U. S.], 636, 18 L.Ed. 262. It was ... competent for the executive, under the provisions of chapter ... 10, supra, to ... ...
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State of Or. By and Through Div. of State Lands v. Bureau of Land Management, Dept. of Interior, U.S., 87-4096
...to the transfer of the title. It is the final act, without which all other formalities are ineffectual." Younge v. Guilbeau, 70 U.S. (3 Wall.) 636, 641, 18 L.Ed. 262 (1865). See also State v. Hyde, 88 Or. at 13, 169 P. 757 ("It is elementary that in the absence of delivery the grantee in a ......