Legal Opinion

McWilliams v. Clem

Montana Supreme Court

Decided September 10, 1987No. 87-080PublishedCited by 14 opinions

1Opinion of the CourtJustice Sheehy

We have here a case where a notary public, at the behest of a husband, took the acknowledgment of a deed transferring real property without the notary knowing or having satisfactory evidence that the wife, whose name appeared on the deed as a signator-grantor, was the individual described in and who executed the deed. The wife was not present before the notary public at the time of the acknowledgment, nor was contact made with the wife by the notary public. Nevertheless, the notary public signed the certificate of acknowledgment contained in the deed instrument as if the wife had personally…

2Cases cited11 opinions

  1. State Ex Rel. Deere & Co. v. District Court of the Fifth Judicial DistrictMontana Supreme Court · 1986
  2. Lowery v. Garfield CountyMontana Supreme Court · 1949
  3. Fox v. 7L Bar Ranch Co.Montana Supreme Court · 1982
  4. Farm Bureau Fin. Co., Inc. v. CarneyIdaho Supreme Court · 1980
  5. Consolidated Freightways Corp. of Del. v. OsierMontana Supreme Court · 1979

6 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Lee v. LeeMontana Supreme Court · 2000
  2. Larson v. UndemMontana Supreme Court · 1990
  3. Erler v. Creative Finance & Investments, L.L.C.Montana Supreme Court · 2009
  4. Quantum Electric, Inc. v. SchaefferMontana Supreme Court · 2003
  5. Stanley v. HolmsMontana Supreme Court · 1997

9 more not listed; retrieve them via the Exa API.

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