Benjamin Franklin Savings & Loan Ass'n v. New Concept Realty & Development, Inc.

BISTLINE, Justice,

specially concurring.

Key language in I.C. § 55-710 is that the certificate of acknowledgement must be substantially in the form there set out. While the form contains language which requires the oath of someone to prove that the person acknowledging is the person whose name is subscribed, the language of I.C. § 55-707 also speaks of an affirmation as well as an oath. Moreover, I.C. § 55-707 also requires that the swearing or affirming witness be proven by a credible person — no requirement of satisfactory evidence from a credible witness being incorporated into the § 55-710…