Brown v. Graves

The opinion of the court was delivered by

Dawson, J.:

This was an action on a notary public’s bond for falsely certifying an acknowledgment of a mortgage by the makers thereof.

The plaintiffs’ petition alleged and the opening statement of their counsel narrated that plaintiffs contracted with one Jones for a *603loan of $1,500 on their homestead in Wichita. They executed a note and mortgage in favor of Jones and left these in charge of Jones, but did not acknowledge the mortgage before any notary public because the $1,500 was not immediately forthcoming. Later, at intervals during the next three…