Evans v. Smith
Supreme Court of Minnesota
Action brought in the district court for Lyon county, for the conversion of two horses, claimed by both parties under chattel mortgages from the same mortgagor, that to defendants being the earlier. The issue of value was tried by a jury, who found the value to be $96.75. The other issues were tried by Webber, J., upon whose findings a judgment was entered for defendants, from which the plaintiff appeals.
1Opinion of the CourtVanderburgh, J.
The legal question presented here is whether the certificate of acknowledgment of the chattel mortgage set forth in the record is properly authenticated, and arises upon the following finding of the court: “ The mortgage is written upon one side of a sheet of paper, and is in proper form. Upon the other side of the sheet is a certificate of acknowledgment in proper form, and duly and officially signed by a notary public, but no notarial seal is impressed upon the side of said sheet on which said certificate of acknowledgment is written; but said seal is impressed upon the other side, that…
2Cited by1 opinion
- Hartkopf v. First State BankSupreme Court of Minnesota · 1934