The record-union., 1892-10-10
DEVLIN'S Law WRITINGS.
His Work on Deeds Considered a
Standard Authority.
Numerous Cases Cited Where 1t Was
the Controlling Authority In the
Supreme Courts of Other States.

Numerous Cases Cited Where 1t Was
the Controlling Authority In the
Supreme Courts of Other States.
EDS. RECoRD-UNIoN At the approach
ing election the people of this county
must elect Judge of the Superior Court
10 fill the vacancy occasioned by the
resignation of Judge Van Fleet. Two
candidates are before the people, seeking
the election. One is Democrat, the
other Republican. They are NJ. +.
Johnson, a Democrat, and r. f. Devlin,
a Republican. But the political senu-
ments of the candidate should not con-
troll the vote OF any voter. There is no
politics, and can be no politics, in a Judi
cial office. The judiciary rises in the
mind OF all Intelligent voters far above
politics. The Judge OIL the bench. to
administer the law justly, must not only
be honest, but learned and able; he must
rise above personal and political cousid-
eratlons. l will not call in question the
honesty or integrity Of either of the can
dldates; but | am firmly convinced that
Tor learning, ability and judicial qualifi-
catlons, Mr. Deylin is greatly superior to
his opponent.
There is but little difference as to the
ages of the two gentlemen; they are both
III middle life; but the learning and
ability or Mr.. Devlin has enabled him to
accomplish much in the interest of the
administration of the law. The bench
ana bar, not only of the State of
California, but the bench and bar
OF the United States and England,
are indebted to him for the clearest.
ablest and most learned commentary
upon the law OF deeds or transfer Of title
to real estate ever given to the profession
by any author. The book is published
In two large volumes, containing four
teen hundred and thirty-seven sections.
Ihe number OF cases or decisions of the
courts OF the different States and England
examined and cited by him in support OF
the rules of law as he states them, are
about thirteen thousand.
The editors of the american Lar Re
CieaC IN the December number of 1887 in
an article reviewing this commentary Oh
the law OF deeds, say: 1--WE believe that
the excellent treatise of Mr.. Devlin on
the law of deeds, which is issued by the
bancroft hitney Company of San
francisco, is the first effort of that gem
tleman in the line of legal authorship.
We hope that it will not be the last. It's
over the authors preface shows why this
is So"
The article is too extensive to be in
serted In this communication but /
will insert the concluding paragraph of
the article, which is reply to Mr. Dew
Inns apology in the preface to his book
Tor any lmpertections. 1t is this: "Mr.
Devlin need not have closed his interest
ing preface with the usual stale apology.
beginning with the words, If it Shall do
naught toward giving a clearer concep-
ton OF the law on the important subject
OF transferring titles to real estate. vet in
the nope etc. 1t is safe to say that when
he laid down his pen he knew more
ABOUT the law on this subject than any
other living man, and it was unbecoming
IN him to express fear that such long,
laborious and discriminating research as
the two Volumns present will do nothing
toward giving clearer conceptions of the
law of which they treat. Modesty is in
general becoming, but that excess of it
which amounts to personal humiliation
should be avoided. An author who has
given to the profession such work NAV
well feel proud of the monument which
he has built, and srather than apologize
IN such humble language for it's defects
he Is entitled to point with pride to it's
excellencies. Mr.. Devlin may feel conf
dent that his work will not only lead to
clearer conceptions of the law relating to
the transfer Of titles to real estate. but
that many of his suggestions will result
in the improvement of the law itself, and
there is probably no branch of the law
which needs more radical improvement
than this"
The bench and leading members of the
bar who have had occasion to invoke the
assistance of Mr.. Devlin's work in arriv-
ing at correct conclusion as to the law
GnhInnfG oh 1o
can truly say that the compliment paid
Mr.. Devlin in that article is not extray-
agant, but just and well deserved.
In proof Of the great value of his work,
in addition to what was said by the
editors of the ADaeT'iedR LdW ReUieU and
what have said, L call attention to the
fact that upon the question of transfer
OF title to real estate, a most metaphysical,
abstruse and intricate branch of the law,
the rules upon this subject as laid down by
Mr.. DeVlln have been made the guide of
decision and adopted as law in the Su-
preme Courts of Many States of this
Union, and L will refer to some of them
which have come under my immediate
observation.
First-The Supreme Court of the State
of California. His book was cited as a
controlling authority in Martin vs. Loyd.
81 Cal. 1875; Faiver VS.. Daley, SO Cal. 67l:
Grimmer VS.. Carlton, SO Cal. 1S9; Miller
VS.. Sears, 81 Cal. 2S2; Corly VS.. Connolly,
81 Cal. 10; Morey VS.. Henry, Sc Cal. All:
Flournoy VS.. Flournoy, So Cal. 294.
Second-In the State of Washington
this authority was the guide of decision
by the Supreme Court in the case of
Richie VS.. Griffiths, Wash. Reports 429.
Third-His work was The controlling
authority in Sanford VS.. Kane Q33 Iii.
Report, 1897 in the Supreme Court of Illi-
nois.
t.,
Southeastern Reporter) the Supreme
Court of Georgia followed the
rule laid down by Mr.. Devlin. The au-
thorities upon which the case turned were
conflicting; but the court adopted as the
rule of decision the law as stated by Mr..
Devlin.
Fifth-The Supreme Court of Indiana
in the case OF Scott VS.. Michael Q29 In
diana Reports, 253) cited and fol-
lowed the authority of Mr.. Devlin on
Deeds, and that authority controlled the
decision of the case.
Sixth-The Supreme Court of Missis-
sippi decided the case Of McAlister vs..
Witchner (6S Mississippi Report, 679)
upon the authority of Devlin on Deeds, or
what means the same thing, his work on
the transfer of title to real estate. 1t must
be remembered that the Supreme Court
of the State Of Mississippi is one of the
ablest courts in the United States.
Seventh-In the case of Hammerslough
VS.. Hackett (29 Pacific Reporter, l079), the
Supreme Court of the State of Kansas
cited Devlin on Deeds as authority. and
followed the rule which he laid down as
the law of the case.
Eighth-The Supreme Court of Mon
tana in the case of Ming VS.. Foote %
Montana Reports. 222) adopted Devlin on
Deeds as authority, and decided the case
in accordance with the rule of law as
stated by him.