13 Wis. 188 | Wis. | 1860
By the Court,
The only question we have to consider in this case is, whether the circuit court properly excluded the deed given by Peter Oameron to Nathan My-rick. The deed was executed by Oameron on the the 28th of May, 1848, in the presence of two witnesses who signed the deed as such witnesses. But for some reason, it appears that the grantor did not then acknowledge the deed, and on the 20th day of September, 1851, the grantee proceeded to prove before a justice of the peace, by one of the subscribing witnesses thereto, the proper execution of the deed, in conformity to sections 16 and 17, chapter 59, R. S. 1849. Several-objections are taken to the deed, and to the certificate of the justice indorsed thereon. In the first place it is insisted that by section 9, p. 179, Territorial Statutes of
In this case the original deed was offered in evidence, upon which was the following certificate of the justice of the peace before whom its execution by the grantor was proven:
“ State oe 'Wisconsin': County and town of La Orosse, — ss. On this 20th day of September, in the year 1851, the within and foregoing named E. A. 0. Hatch, a subscribing witness to the annexed and within deed, personally appeared and made oath before me, one of the justices of the peace in said county, that he saw the within named Peter Cameron voluntarily sign and seal the said deed ; that he subscribed his name thereto as a subscribing witness at the same time, - which proof was satisfactory. The said Peter Cameron, at the request of Nathan Myrick, the grantee, was duly summoned to appear before me at the time and place of said examination, to hear the testimony of the said subscribing witness, by an original summons, served personally upon the said Peter Cameron, together with a true copy of said deed annexed, by the sheriff through his deputy of said county, on the 22d day of August, ,1851; that on the day therein mentioned said examination was adjourned, by consent of both parties, to the 20th day of September, when the same took place according to law. And I further certify that on. the said 20th day of September, 1851, aforesaid, the said Peter Cameron was present at such examination. Bobebt LOONEY, Justice Peace.”
It is objected that this certificate is defective and insufficient on several grounds, all of which we deem untenable. By section 10 T. S. "Wis., 1839j p. 179, it was necessary before a deed could be recorded,' that it should be acknowledged by the grantor, “ or proved by one or more of the subscribing witnesses thereto,” before a justice of the peace, or some other officer therein stated, the proof being endorsed thereon. Section 14, chapter 59, B. S., 1849, and the fol
It follows from these views that the judgment of the circuit court must be reversed, and a new trial ordered.