Albright v. Stevenson
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Hon. Wm. G. Ellison, Judge (1) The proof to overcome the presumption of the truth of the recitals in the notary’s certificate of acknowledgment to the-deed of trust must be clear and convincing beyond a reasonable doubt. 1 Am. and Eng. Ency. Law (2 Ed.), pp. 560, 561; 1 Cyc., pp. 622, 623, 624, 625; 1 Ency. L. and P., pp. 926-934; Elliott v. Sheppard, 179 Mo. 382; Swiger v. Swiger, 58 W. Ya. 119; Plagies v. Tanner, 11 Ohio Cir.
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Appeal from Nodaway Circuit Court. — Hon. Wm. G. Ellison, Judge (1) The proof to overcome the presumption of the truth of the recitals in the notary’s certificate of acknowledgment to the-deed of trust must be clear and convincing beyond a reasonable doubt. 1 Am. and Eng. Ency. Law (2 Ed.), pp. 560, 561; 1 Cyc., pp. 622, 623, 624, 625; 1 Ency. L. and P., pp. 926-934; Elliott v. Sheppard, 179 Mo. 382; Swiger v. Swiger, 58 W. Ya. 119; Plagies v. Tanner, 11 Ohio Cir. Dec. 172; Young-v. Duvall, 109 U. S. 573; Chivington v. Colorado Springs Co., 9 Colo. 597; Brady v. Cole, 164 111. 116; Marden v.…
1Opinion of the CourtGeayes, J.
Plaintiff brings this action to restrain a sale under a certain alleged deed of trust, securing an alleged note or bond of $8500, upon certain land's in Nodaway county belonging to plaintiff. Plaintiff further seeks to have said deed of trust cancelled and for naught held. As grounds therefor he charges the forgery of the deed of trust, as well as the note of $8500 secured thereby, in so far as the plaintiff’s name appears upon said note and upon said deed of trust. It is also averred that one Tennie E. Haynes, the principal or first signer in said note, was the agent of defendant, Eobert M.…
2Cases cited2 opinions
- Mays v. PryceSupreme Court of Missouri · 1888
- Pierce v. GeorgerSupreme Court of Missouri · 1890
3Cited by6 opinions
- Dickey v. ThompsonSupreme Court of Missouri · 1929
- Wilcox v. CoonsSupreme Court of Missouri · 1949
- Fifer v. McCartySupreme Court of Missouri · 1912
- McDonald v. Amoret Farm SupplyMissouri Court of Appeals · 1982
- Wintz v. JohannesSupreme Court of Missouri · 1932
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