Download pdf The Federal Reporter (Volume 33); With Key-Number Annotations

The Federal Reporter (Volume 33); With Key-Number Annotations. United States Circuit Courts

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Author: United States Circuit Courts
Number of Pages: 500 pages
Published Date: 04 Jan 2012
Publisher: General Books
Publication Country: Miami Fl, United States
Language: English
Type: eBook
ISBN: 9781234991906
File size: 36 Mb
File Name: The.Federal.Reporter.(Volume.33);.With.Key-Number.Annotations.pdf
Download Link: The Federal Reporter (Volume 33); With Key-Number Annotations
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Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1888. Excerpt: ... demands that the foregoing rule, as to the kind of proof required to overcome a certificate of acknowledgment, should be inflexibly enforced. In the present case, I have made a critical examination of the testimony relied upon by the defendant to overcome the certificate of acknowledgment, and while I consider myself bound by the Missouri rule on the subject, I have no hesitation in holding that it is insufficient to invalidate the certificate. I might add that there are several circumstances which lead me to regard the testimony in question with great distrust. The mortgage appears to have been executed and acknowledged in the presence of but four persons, namely, the two defendants (Mr. and Mrs. Jarel) and their daughter, then aged 10 years, and the justice of the peace who attested Mrs. Jarel's signature and took her acknowledgment. The justice died about 10 months subsequent to the execution of the mortgage, and it was more than a year after his death before either of the defendants said or did anything (at least in public) to discredit the acknowledgments. As the case stands there is the certificate of the justice in due form on the one hand, which was not questioned until after his death, and on the other, the testimony of Mrs. Jarel, her husband, and young daughter, all of whom are directly interested in impeaching the officer's certificate. The justice is- shown to have been a man of more than ordinary capacity and intelligence, and of unimpeachable character, who had had more than six years' experience in the discharge of the duties of his office. Furthermore, he had no personal interest in the transaction such as would furnish a motive for making a false certificate. But this is not all. The account given by the defendant and her husband of what transpired when the mortgag...

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