Strauss v. Maddox

The only question in this case is, whether a judge of the superior court of this State is authorized to attest a mortgage so as to admit it to record. Sectioh 2724 of the Civil Code declares that a mortgage “ must be executed in the presence of, and attested by or proved before, a notary public or justice of any court in this State, or a clerk of the superior court (and, in case of real property by one other witness), and recorded.” We think that the word “justice” in this section is broad enough to include the judge of any court in this State. Anderson, in his Law Dictionary, says that the…