Horbach v. Tyrrell

Ryan, C.,

dissenting.

I cannot concur in the opinion prepared by Commissioner Ragan, and, avoiding needless repetition, as far as *525possible, I shall submit my views upon the facts stated by him.

I regard it as of no importance whether the act of a notary public in taking and certifying to an acknowledgment is to be deemed a ministerial or a judicial act. For me, it is sufficient that the homestead can be conveyed or incumbered only by an instrument not merely executed, but which, as well', must be acknowledged. (Compiled Statutes, ch. 36, sec. 4.) The acknowledgment being by statute constituted a…