Source: United States Circuit Court for the District of Tennessee
Date: 1807-06-01
Jurisdiction: United States
Citation: 1 Overt. 235 · 1 Tenn. 235
Opinion
Per Curiam. This is a good grant, notwithstanding the secretary has omitted to countersign it. The grant is authentic,and passes the interest of the state when the Governor puts his signature and the seal of the state. The act as to the countersignature by the secretary and recording the same, is directory; and should the secretary neglect to do his duty, it should not operate to the prejudice of the grantee, in making his grant void. Suppose a person takes a deed to a register of a county, who returns it as registered, when in truth it was not; this neglect shall not injure the owner of the deed.
In fact it must be considered as registered from the time it is left with the register, the owner having performed all the law required of him. See Hardin's Rep. 508, 348. 3 Binn. 30 32. Taylor vs. Quarles & Brown, S. C. 1. U. S. 1182. Mss.