35 Mich. 166 | Mich. | 1876
The deed of November 5, 1839, from Augustus H. Torrey and wife to Galen Holbrook, having, upon the 14th day of June, 1875, had the proper certificate of the clerk of Yates county, New York, attached thereto, any defects which ,pre
There being no clerk’s certificate attached to this deed at the time it was first recorded in 1846, it is argued that the entire want of a certificate is not cured by this statute, while an imperfect certificate attached to the d eed would '*have been. We think this is somewhat too narrow a construction to put upon a remedial statute designed to cure defective instruments, and to cause the record thereof to operate as legal notice of all rights secured under such instrument, which as between the parties was valid and effectual to pass the title. That this deed was a “defective instrument,” within the meaning'of this statute, because of the want'of a clerk’s certificate, there can be no question. A deed may be'defective
The judgment must be reversed, and a new trial ordered.