Yusko v. Studt
North Dakota Supreme Court
Appeal from the District Court of Morton County, J. M. Hanley, I. The certificate of acknowledgment of a notary public, regular upon its face, raises a presumption of due execution which must be overthrown. This can only be done by clear, positive, and convincing proof of fraud, or that the certificate is false from some other reason. UvaldeAsphalt Paving Co. v. New York, 90 App. Div. 327, 91 N. Y. Supp. 131. A high degree of proof is required to impeach such á certificate..
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Appeal from the District Court of Morton County, J. M. Hanley, I. The certificate of acknowledgment of a notary public, regular upon its face, raises a presumption of due execution which must be overthrown. This can only be done by clear, positive, and convincing proof of fraud, or that the certificate is false from some other reason. UvaldeAsphalt Paving Co. v. New York, 90 App. Div. 327, 91 N. Y. Supp. 131. A high degree of proof is required to impeach such á certificate.. Patnode v. Desehenes, 15 N. D. 108, 106 N. W. 573; Northwestern Loan & Bkg. Co. v. Jonasen, 79 N. W. 843 ; Pierce v.…
1Opinion of the CourtGrace, J.
The action is a statutory one brought by George Yusko .and Anna Yusko, husband and wife, to determine adverse claims and quiet the title in the plaintiffs to the following described real estate •situated in Morton county, North Dakota, to wit, the north half of the northwest quarter, the southwest quarter of the northwest quarter, and the northwest quarter of the northeast quarter, all in section 26, "township 137, range 90, and containing 160 acres more or less.
The complaint is in the statutory form.
The defendants by their separate answers and counterclaims allege the existence of their…
2Cases cited11 opinions
- Dieter v. FraineNorth Dakota Supreme Court · 1910
- Severtson v. PeoplesNorth Dakota Supreme Court · 1914
- Swingle v. SwingleNorth Dakota Supreme Court · 1917
- Seiffert & Wiese Lumber Co. v. HartwellSupreme Court of Iowa · 1895
- Helgebye v. DammenNorth Dakota Supreme Court · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hoffer v. CrawfordNorth Dakota Supreme Court · 1954
- Klundt v. PfeifleNorth Dakota Supreme Court · 1950
- Acklin v. First National BankNorth Dakota Supreme Court · 1934
- Chun Chew Pang v. Chun Chew KeeHawaii Supreme Court · 1966
- Passenger v. CoanNorth Dakota Supreme Court · 1931
4 more not listed; retrieve them via the Exa API.