Smith v. Digh

It is noteworthy that plaintiff filed no denial to defendants’ plea in bar which consisted of their affirmative allegation of an agreement as to the location of the boundary line. Also plaintiff admitted the execution of the agreement on 22 June 1968. She does not allege or testify that she was tricked or defrauded in any way; she merely testifies that she did not sign before a notary.

As between plaintiff and defendants it is immaterial whether her signature to the agreement was acknowledged before a *680notary public, or other officer. . . [A] deed becomes effective as a transfer of title as…