Pruett v. Commercial Nat. Bank of Anniston

BROWN, Justice.

The equity of the bill, as originally filed, is rested upon the assertion of the invalidity of the mortgage as a conveyance of the title, because of the incompetency of the officer who took and certified the acknowledgment of the signatures of the mortgagor and his wife to the mortgage.

The appellees concede, on the facts alleged in the bill, that the certificate of acknowledgment as such was inefficacious under the rule of our cases (now changed by statute if the notary does not hold more than 1 per cent, of the total issue, Acts 1931, p. 675); but contend that Stanley’s…