Legal Opinion

Nevada County Bank v. Gee

Supreme Court of Arkansas

Decided July 9, 1917PublishedCited by 8 opinions

Appeal from Nevada Chancery Court; James D. Shaver, Chancellor; I. A notary public is a public officer authorized to take acknowledgments which are received as evidence of the facts stated, and are prima facie true.

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Appeal from Nevada Chancery Court; James D. Shaver, Chancellor; I. A notary public is a public officer authorized to take acknowledgments which are received as evidence of the facts stated, and are prima facie true. Kirby’s Digest, § 7155 j 107 Ark. 272; 62 Id. 265. A strong presumption exists in favor of the truth where the certificate is regular. 1 Corp. Jur. 893-4, § § 275, 277. Gordon testifies that he took Mrs. Gee’s acknowledgment as he certified to it. 96 Ark. 566; 104 Id. 226; 107 Id. 16. 2. If taken over the telephone it was valid. 13 Am. St. Rep. 156. 3. The testimony shows that…

1Opinion of the Court

HART, J.,

(after stating the facts). (1) This court has recognized that there is a difference between a case where a party admits the acknowledgment of a deed or mortgage, and claims that such acknowledgment was procured by fraud or duress and a case where the grantor denies that he or she ever acknowledged the instrument. It is always admissible to show that a grantor in a deed or mortgage never actually appeared before the officer purporting to have taken his acknowledgment, and that the grantor made no acknowledgment at all. Polk v. Brown, 117 Ark. 321. In that case the court said that…

2Cases cited2 opinions

  1. Davis v. HaleSupreme Court of Arkansas · 1914
  2. Polk v. BrownSupreme Court of Arkansas · 1915

3Cited by8 opinions

  1. Miles v. JerrySupreme Court of Arkansas · 1923
  2. Straughan v. BennettSupreme Court of Arkansas · 1922
  3. Clifford v. Federal Bank & Trust Co.Supreme Court of Arkansas · 1929
  4. Lynn v. QuillenSupreme Court of Arkansas · 1929
  5. Walden v. BlassingameSupreme Court of Arkansas · 1917

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