Wilson v. Quigley
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) A certificate of acknowledgment is fatally defective if the officer fails to certifiy that the party is “known” to him, etc. Holton v. Kemp, 81 Mo. 661; Tally v. Davis, 83 Am. Dec. 179 ; Note to 41 Am. Dec. p. 175. (2) The court, therefore, erred in admitting in evidence the two mortgages purporting to have been executed by Samuel A. Wilson.
Read the full summary
Appeal from Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) A certificate of acknowledgment is fatally defective if the officer fails to certifiy that the party is “known” to him, etc. Holton v. Kemp, 81 Mo. 661; Tally v. Davis, 83 Am. Dec. 179 ; Note to 41 Am. Dec. p. 175. (2) The court, therefore, erred in admitting in evidence the two mortgages purporting to have been executed by Samuel A. Wilson. (1) The officer certified that Wilson personally appeared before him, and he could not have truthfully so certified unless it was literally true. The length of acquaintance which will…
1Opinion of the CourtGantt, P. J.
This is an action of ejectment for the north half of section 13, township 35, range 31, in Yernon county, Missouri. The defendant deduced their title through two mortgages executed by plaintiff. Plaintiff below and appellant here objected to the introduction of these mortgages in evidence, because the certificate of acknowledgment failed to state the grantors were personally “known” to the notaries who took the acknowledgments in Rockbridge county, Yirginia. The form is one used and approved in that state, and is as follows:
*100“ State of Virginia, county of Rockbridge, to-wit: I, S. H. Letcher,…
2Cases cited2 opinions
- Hughes v. McDivittSupreme Court of Missouri · 1890
- Alexander v. MerrySupreme Court of Missouri · 1845
3Cited by8 opinions
- Gross v. WattsSupreme Court of Missouri · 1907
- Warder v. HenrySupreme Court of Missouri · 1893
- Hatcher v. HallMissouri Court of Appeals · 1956
- Deseret National Bank v. KidmanUtah Supreme Court · 1903
- Riehl v. Noel & TittsworthMissouri Court of Appeals · 1901
3 more not listed; retrieve them via the Exa API.