Hutchinson v. Ainsworth
California Supreme Court
Appeal from a judgment of the Superior Court of Alameda County, and from an order refusing a new trial. The action ivas brought to foreclose a mortgage made by defendant Anna Ainsworth, wife of defendant A. G. Ainsworth, upon her separate property, given to secure the payment of their joint note. The certificate of acknowledgment attached to the mortgage was as follows: — “State of California, County of Alameda.}ss.
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Appeal from a judgment of the Superior Court of Alameda County, and from an order refusing a new trial. The action ivas brought to foreclose a mortgage made by defendant Anna Ainsworth, wife of defendant A. G. Ainsworth, upon her separate property, given to secure the payment of their joint note. The certificate of acknowledgment attached to the mortgage was as follows: — “State of California, County of Alameda.}ss. “ On this third day of September, A. D. one thousand eight hundred and seventy-eight, personally appeared before me, Will. H. Burrall, a notary public in and for said county, Anna…
1Per curiam
The certificate of acknowledgment Avas defective, in that it did not state that the notary, upon an examination Avithout the hearing of her husband, made the married woman acquainted with the contents of the instrument. Section 1186 of the Civil Code requires that such separate examination must embrace as AAmll the making her acquainted with the contents of the instrument as the acknoAAdedgment by her; and section 1191 gives the form of the certificate in very plain language. The court, therefore, did not err in sustaining defendants’ objection to the admission of the mortgage in evidence.
When…
2Cited by8 opinions
- Hutchinson v. AinsworthCalifornia Supreme Court · 1887
- Bollinger v. ManningCalifornia Supreme Court · 1889
- Forrester v. Reliable Transfer Co.Washington Supreme Court · 1910
- Cox v. HolcombSupreme Court of Alabama · 1888
- Beck v. SowardCalifornia Supreme Court · 1888
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