Picetti v. Orcio

ON REHEARING

April 30, 1937. 67 P.2d 315.

1. ACKNOWLEDGMENT. Presumption in favor of notary's certificate of acknowledgment, whether statutory or not, can only be overcome by clear, cogent, and convincing evidence amounting to a moral certainty (Comp. Laws, sec. 1503). 2. ACKNOWLEDGMENT. Uncorroborated testimony of interested party is not generally such clear, cogent, and convincing evidence as is required to overcome presumption in favor of notary's certificate of acknowledgment (Comp. Laws, sec. 1503). 3. HOMESTEAD. Where notary handed mortgage on homestead to alleged mortgagor without her…