Maxey v. Wise

The appellants bring this action to recover pos session of certain real estate which had been sold, by their maternal ancestor to the defendant. A deed, in which the husband joined, had been signed and delivered, but the notary who took the acknowledgment failed to attach to his certificate his official seal. The deed was executed January 13, 1847. Proof was made that the person-who took the acknowledgment of the deed was,, at the time, a notary public. It is argued that the deed was void by the law in force at the time of its execution. R. S. 1843, § 17, p. 417; id. §§ 40, 44, pp. 420, 421.

*2Th…