Wilcox

Wilcox v. Hardisty

Good Law
1922 Cal. App. LEXIS 23·60 Cal. App. 206·212 P. 633
Court of Appeal of CaliforniaDecember 22, 1922Civ. No. 2513.California3,308 words

Opinion

Lead Opinion

Finch, J.

In this action the plaintiff was adjudged to he the owner of certain lands in Calaveras County under a deed alleged to have been executed by her mother, Julia A. Jenkins.

In January, 1896, Mrs. Jenkins, a widow, "and her daughter Etta, defendant herein, resided on the former’s ranch in Calaveras County. Two other daughters, the plaintiff and Mrs. Emma Parker, resided elsewhere. At the request of Mrs. Jenkins, Prank P. Carnduff, a lawyer, having offices at Biggs, Butte County, went to the ranch and prepared four deeds. By reason of a crippled condition of her hands, Mrs. Jenkins was unable to write, and she signed these deeds by her mark, on the eighteenth day of January, 1896, Carnduff writing her name and signing his own as a witness. These deeds purported to convey 1350 acres of land; a certain part to one Hiram Tyrer and the remainder in separate parcels to the three daughters; that conveyed to plaintiff being the land in suit. There being no notary public present, Mrs. Jenkins requested Carnduff to make proof of the execution of the instruments so as to entitle them to be recorded. He took the deeds away with him and, January 25, 1896, made such proof before a notary public…

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