Dickerson v. Davis
Supreme Court of Iowa
Appeal from Delaware District Court. COMPLAINANT seeks the foreclosure of a mortgage. Lansing, a lien creditor, as he claims, was made a party, and appeals from the decree, for causes stated in the opinion. contended that the defect in the acknowledgment was material and fatal. made the following points : 1. The acknowledgment of, the mortgage is sufficient.
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Appeal from Delaware District Court. COMPLAINANT seeks the foreclosure of a mortgage. Lansing, a lien creditor, as he claims, was made a party, and appeals from the decree, for causes stated in the opinion. contended that the defect in the acknowledgment was material and fatal. made the following points : 1. The acknowledgment of, the mortgage is sufficient. Bell v. JSvans et al., 10 Iowa 353. 2. If the certificate of acknowledgment were not sufficient, the curative act of the General Assembly would make it whole. Chap. 49, § 3 of the Laws of the Fifth General Assembly, approved Jan. 22d,…
1Opinion of the CourtWright, J.
The mortgage was offered in evidence, and objected to for the reason that the acknowledgment did not show that “ it was the free and voluntary act of the mortgag- or.” The acknowledgment is full and complete in all its parts, except that the word “his” is omitted before “free.” From the record, we should judge that the notary had a printed form, and in filling it up failed to insert this personal pronoun, there being a space left therefor in the acknowledgment. It is very manifest, however, that the mortgagor acknowledged the instrument to be his free and voluntary act, and not that of…
2Cases cited4 opinions
- Meriam v. HarsenNew York Court of Chancery · 1847
- Bell v. EvansSupreme Court of Iowa · 1860
- Owen v. NorrisIndiana Supreme Court · 1841
- Duncan v. HobartSupreme Court of Iowa · 1859
3Cited by3 opinions
- Herron v. HarbourSupreme Court of Oklahoma · 1919
- Garton Et Ux. v. Hudson-Kimberly Publishing Co.Supreme Court of Oklahoma · 1899
- Kreuger v. WalkerSupreme Court of Iowa · 1890