Bellport v. Harkins

OPINION ON REHEARING.

(Filed October 9, 1920.)

Original Opinion and Judgment Modified.

SYLLABUS BY THE COURT.

Notary Public — False Statement in Acknowledgment of Deed — Measure of Damages. One who is defrauded by the execution of a forged deed to him cannot recover from the notary public who took the acknowledgment to the deed any damage that could have been prevented by reasonable diligence on his part after the grantee in the deed received notice of fraud.

The opinion of the court on rehearing was delivered by

Marshall, J.:

An opinion was filed June 5, 1920, but on the application of the…