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DIVISION 2. PROPERTY 654-1422›PART 4. ACQUISITION OF PROPERTY 1000-1422›TITLE 4. TRANSFER 1039-1231›CHAPTER 4. Recording Transfers 1169-1220›ARTICLE 3. Proof and Acknowledgment of Instruments 1180-1207

§ 1198

California Civil Code · 2018-11 edition · updated 2026-10-04 · California

The execution of an instrument may be established by proof of the handwriting of the party and of a subscribing witness, if there is one, in the following cases:

  1. When the parties and all the subscribing witnesses are dead; or,

  2. When the parties and all the subscribing witnesses are non-residents of the State; or,

  3. When the place of their residence is unknown to the party desiring the proof, and cannot be ascertained by the exercise of due diligence; or,

  4. When the subscribing witness conceals himself, or cannot be found by the officer by the exercise of due diligence in attempting to serve the subpoena or attachment; or,

  5. In case of the continued failure or refusal of the witness to testify, for the space of one hour, after his appearance.

(Enacted 1872.)

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California Civil Code

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