Microsoft Office 2010 Professional Sec. 460. Ackno

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Sec. 460. Acknowledgment








In some states the statute requires a conveyance to get acknowledged through the grantor before an official as a way to make it successful even as amongst the events,three and inside a amount of states an acknowledgment is critical for the validity of a conveyance by a married girl. More usually, however, the requirement of acknowledgment is imposed only being a preliminary for the report of a conveyance, for the purpose of charging a subsequent purchaser with discover thereof,four together with the result that the file of a ness, it's got been made a decision, may be by mark. Brown v. Mccormick, 28 Mich. 215; Devereux v. Mc-mahon, 102 N. C. 284, nine S. E. 635.

1-2. So it's been held that one having a pecuniary curiosity inside the conveyance is disqualified. Winsted Sav. Lender & Building Ass'n v. Spencer, 26 Conn. 195; Child v. Baker, 24 Neb. 1'88. And a grantor cannot witness the execution of the instrument by his co-grantor. Townsend v. Downer, 27 Vt. 119.

A wife or husband of the grantor has also been regarded as disqualified. Third Nat. Financial institution of Chattanooga v. O'brien, 94 Tenn. 38, 28 S. W. 293; Johnston v. Slater, 11 Grat. (Va.) 321; Cor-bett v. Norcross, 35 N. H. 99. But in some cases it's got been held the witness need not be competent to testify at the time of its execution, provided he can testify when called to prove the execution in court. Frink v. Pond, 46 N. H. 125; Doe d. Johnson v. Turner, 7 Ohio, 216, pt. 2.

3. See Lewis v. Herrera, 10 Ariz. 74, 85 Pac. 245; Parrott v. Kumpf, 102 111. 423; Hout v. Hout,

Trustee in,9 or a beneficiary under,10 a deed of trust take the acknowledgment of the grantor therein. Whether one grantor can take the acknowledgment of his cograntor appears to get uncertain.11 From the weight of authority an officer is disqualified to take an acknowledgment in which a corporation is beneficially interested if he is a stockholder therein,12 but not if

20 Ohio St. 119.

4. 1 Stimson's Am. Stat. Law, Sec. 1570.

5. See e g.; Green v. Abraham, 43 Ark. 420; Lee v. Murphy, 119 Cal. 364, 51 Pac. 549; Edwards v. Thorn, 25 Fla. 222, 5 So. 707; New England Mortgage Security Co. v. Ober, 84 Ga. 294, 10 S. E. 625; Harris v. Reed,

21 Idaho, 364, 121 Pac. 780; Graves v. Graves, 6 Gray (Mass.) 391; Thompson v. Scheid, 39 Minn. 102, 12 Am. St. Rep. 619, 38 N. W. 801; Ligon v. Barton.

- Qualifications of officer. The statute ordinarily needs the acknowledgment for being made, if within the state, before a judge, clerk of court, justice of the peace,Office 2007 Professional, or notary public. The provisions of the statutes as to acknowledgment in another state sometimes provide that it may be taken by named classes of officials of the latter state, sometimes by commissioners of deeds appointed for such state, and sometimes by any officials of the other state authorized from the statutes of such state to take acknowledgments. The statutes also contain, almost invariably, specific provisions as to your officials who may possibly take acknowledgments in foreign countries for use from the state in which the statute is passed.

It is generally agreed that an officer who is beneficially interested inside the transaction cannot take an acknowledgment.7 Consequently the grantee cannot take the grantor's acknowledgment,8 nor can either the

88 Miss. 135, 40 So. 555; Finley v. Babb, 173 Mo. 257, 73 S. W. 180; Brown v. Manter, 22 N. H. 468; Bradley v. Walker, 138 N. Y. 291, 33 N. E. 1079; Geneseo First Nat. Bank v. National Live Stock Financial institution, 13 Okla. 719, 76 Pac. 130; Watts v. Whetstone, 79 S. C. 357, 60 S. E. 703.

6. one Stimson's Am. St. Law, Sec. 1572; 4 Wigmore, Evidence, Sec. 1676.

7. But in Tennessee, apparent ly, interest does not disqualify 1 to take an acknowledgment. Cooper v. Hamilton Perpetual Bldg. etc. Ass'n, 97 Tenn, 285, 33 L. R. A. 338,Windows 7 Serial, 56 Am. St. Rep. 795, 37 S. W. 12.

There is authority for your view that interest does not disqualify if there is no other officer who can take the acknowledgment. Stevenson v. Brasher, 90 Ky. 23, 13 S. W. 242; Lewis v. Curry, 74 Mo. 49. Contra, semble, Hammers v. Dole, 61 111. 307.

8. Lee v. Murphy, 119 Cal. 364, 51 Pac. 549; Brereton v. Bennett, 15 Colo. 254; Hogans v. Carruth, 18 Fla. 587; Florila Savings Bank & True Estate Exchange v. Rivers, 36 Fla. 575, 18 So. 850; Hammers v. Dole, 61 111. 307; West v. Krebaum, 88 111. 263; Wilson v. Traer, 20 Iowa, 231; Greenlee v. Smith, four Kan. App. 733, 46 Pac. 543.

Beaman v. Whitney, 20 Me. 413; Laprad v. Sherwood, 79 Mich. 520, 44 N. W. 943; Wesson v. Connor, 54 Miss. 351; Hainey v. Alberry, 73 Mo. 427; Amick v. Woodworth, 58 Ohio St. 86, 50 N. E. 437; Hunton v. Wood, 100 Va. 54, 43 S. E. 186.

But in Murray v. Tulare Irrigation Co., 120 Cal. 311, 49 Pac. 463, 52 Pac. 586, it was held that an acknowledgment taken by a single of several grantees, each of whom took "a separate and denned interest" was good as to all the grantees except that 1. And in Darst v. Gale, 83 111. 136, a substantially similar view was taken as to an acknowledgment just before 1 of several trustees to whom a mortgage was made.

9. Muense v. Harper, 70 Ark. 309, 67 S. W. 869; Darst v. Dale, 83 111. 136; Holden v. Brimage, 72 Miss. 228, 18 So. 383; German American Bank v. Carondelet True Estate Co., 150 Mo. 570, 51 S. W. 691; Lance v. Tainter, 137 N. C. 249, 49 S. E. 211; Rothschild v. Daugher, 85 Tex. 332, 16 L. R. A. 719, 34 Am. St. Rep. 811, 20 S. W. 142; Bow-den v. Parrish, 86 Va. 67, 19 Am. St. Rep. 873, nine S. E. 616; Hunton v. Wood, 101 Va. 54, 43 S. E. 186. Contra, Weidman v. Templeton, (Tenn. Ch. App.) 61 S. W. 102.

10. Wasson v. Connor, 54 Miss. 351; Long v. Crews, 113 N. Car. 256, 18 S. E. 499; Baxter v. Howell, 7 Tex. Civ. App. 198, 26 S. W. 453.

11. That he can do so,Microsoft Office 2010 Professional, see Greve v. Echo Oil Co., 8 Cal. App. 275, 96 Pac. 904. Contra, People v. Railroad Comm'rs, 105 N. Y. App. Div. 273, 93 N. Y. Supp. 584 (certificate of incorporation).

12. Hayes v. Southern Home Bldg, etc., Ass'n,Windows 7 64 Bit, 124 Ala. 663, 82 Am. St. Rep. 216, 26 So. 527; Ogden Bld'g, etc., Ass'n v. Mensch, 196 111. 554,Windows 7 Key, 63 N. E. 1049; Steger v. Travelling Men's Bldg etc., Ass'n, 208 111. 236, 100 Am. St. Rep. 225, 70 N. E. 236; Kothe v. Krag Reynolds, 20 Ind. App. 293, 50 N. E. 594; Smith v. Clark, 100 Iowa, 605, 69 N. W. 1011; Wilson v. Griess, 64 Neb. 792, 90 N. W. 866; Bexar Bldg. etc., Ass'n v. Heady, 21 Tex. Civ. App. 154, 50 S. W. 1079, 57 S. W. 583; Boswell v. Laramie First Nat. Bank, 16 Wyo. 161, 92 Pac. 624.