O'Ferrall v. Simplot
Supreme Court of Iowa
Appeal from the Dubuque District Court. This was a bill brought to recover dower in lot sixty six in the town of Dubuque, Iowa. From tbe answer, it1 appears that Francis K. O’Eerrall, husband of complainant, being seized, conveyed tbe above lot by a deed of conveyance, in wbicb sbe as bis wife, joined.
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Appeal from the Dubuque District Court. This was a bill brought to recover dower in lot sixty six in the town of Dubuque, Iowa. From tbe answer, it1 appears that Francis K. O’Eerrall, husband of complainant, being seized, conveyed tbe above lot by a deed of conveyance, in wbicb sbe as bis wife, joined. The certificate of acknowledgment is, in its form, as follows: — “ This day before me, &c., appeared E. K. O’Perrall and Jane B. O’Ferrall, bis wife, both of whom are personally known to me to be the identical persons whose names are affixed to tbe foregoing instrument of writing, and…
1Opinion of the CourtWoodward, J.
The first question arises in the acknowledgment, as certified on the deed of Francis K. to Harbeson, and the question is, whether it may be shown by evidence aliunde, that everything required by statute was, in fact, done, although the magistrate has, through mistake, omitted to certify a part; and whether the certificate may not be amended upon such evidence. As a question standing upon authority, this is clearly settled by the following cases: Elliot v. Piersol, 1 McLean, 11; S. C. Pet. 328, 338 ; Jourdan v. Jourdan, 9 S. & R. 268 ; Watson's Lessee v. Baily, 1 Binn. 470; Barnet v. Barnet,…
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