Legal Opinion

Browne v. Dolan

Supreme Court of Iowa

Decided April 22, 1886PublishedCited by 3 opinions

Appeal from Lee District Court. This is an action at law upon the official bond of the defendant Dolan, given for security for the faithful performanee of liis duties as a notary public.

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Appeal from Lee District Court. This is an action at law upon the official bond of the defendant Dolan, given for security for the faithful performanee of liis duties as a notary public. It is alleged that on •the first day of November, 1881, Dolán took the acknowledgment of a mortgage purporting to be given by Fradreick Ball to one Charles P. Orr; that he certified in the certificate of acknowledgment that said Ball was personally known to him to be the identical person whose name was affixed to the mortgage, and that when Dolan took said acknowledgment he had never seen the party…

1Opinion of the CourtRothrook, J.

There is some controversy as to whether the appeal was taken in proper time, and whether the record, as made by appellant, is sufficient to authorize us to determine the appeal upon its merits. We have some doubt upon these questions, and, as the conclusion we have reached does not require their consideration, we will not determine them, but dispose of the case on the theory that the appellant is entitled to a hearing. Subdiv. 2, § 1958, Code, provides that the officer taking the acknowledgment of a deed or other instrument in writing must indorse thereon a certificate set*647ting forth that the…

2Cases cited1 opinion

  1. Scotten v. FeganSupreme Court of Iowa · 1883

3Cited by3 opinions

  1. Barnard v. SchulerSupreme Court of Minnesota · 1907
  2. State ex rel. Heitkamp v. RylandSupreme Court of Missouri · 1901
  3. Atlas Security Co. v. O'DonnellSupreme Court of Iowa · 1930

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