Bours v. Zachariah
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. This was a cross action to a bill to foreclose a mortgage. The facts are as follows: The defendants, Zachariah and wife, executed and delivered to the plaintiffs two separate promissory notes, and two mortgages of different dates to secure the payment of the notes.
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Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. This was a cross action to a bill to foreclose a mortgage. The facts are as follows: The defendants, Zachariah and wife, executed and delivered to the plaintiffs two separate promissory notes, and two mortgages of different dates to secure the payment of the notes. The first mortgage was to secure the payment of $1,000, and the second of $2,000. On the twelfth day of July, 1854, the first mortgage was acknowledged before a Notary Public, who entered the following certificate thereon: “ State of California, j…
1Opinion of the Court
On behalf of the appellants, we insist that the Notaries who took the acknowledgment of Mrs. Zachariah had the right to correct their certificates of her acknowledgment, so as to make them conform to the facts ; and that such correction and amendment was done and made by the endorsement of the other certificates on the mortgages, by the Notaries, during their term of office.
The certificate of acknowledgment of a conveyance is an act “ in pais,” which may be corrected or amended by the officer who made it, at any time during the term of his office. (Jordan v. Corey, 2 Carter, Ind. R. 385;…
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