Smith & Bondurant v. Meador

Jackson, Chief Justice.

The legal question which this record makes is, whether a deed of -assignment is void because the affidavit thereto was made before a commercial notary public a few days after the expiration of his term of office, and before the renewal of his appointment; and that question turns on this, was he then a de facto officer, and if not, then, under our statute, is he de jure an officer ? And that turns upon this, is the commercial notary a public officer ?

1. Public officers hold over until successors are appointed. Code, §132. Notaries public for commercial purposes are…