Wilson v. Gribben

On Hay 9, 1906, one Evans made and delivered his promissory note to the Clark & Peatman Investment Company, and to secure payment of the same Evans and wife signed and delivered to the payee a mortgage on real estate owned by them, which mortgage was entered of record. It is shown, however, without serious dispute, that although said mortgage purported to have been acknowledged by the grantors before the defendant *381Gribben as notary public, it was never in fact acknowledged, that 'the certificate of acknowledgment indorsed thereon was false, and that by reason of said defect such record did…