FOURTH NATIONAL BANK &C. v. Howell

As to whether or not a notary public is disqualified as a witness to a bill of sale because he is a corporate officer, counsel for the plaintiff cite Barrow v. E. Tris Napier Co., 16 Ga. App. 309 (85 S. E. 267), wherein Judge Russell, speaking for the court, held that a secretary and treasurer of a corporation cannot render a mortgage properly executed when such officer witnesses the instrument as a notary public. The Supreme Court held in Worley v. Planters Cotton Oil Co., 180 Ga. 81 (178 S. E. 289) as follows: “In Barrow v. E. Tris Napier Co., 16 Ga. App. 309 (85 S. E. 267), it was said by…