15 Colo. 254

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Sec. 460. Acknowledgment








In some states the statute demands a conveyance to be acknowledged through the grantor just before an official to be able to allow it to be efficient even as amongst the events,three and within a variety of states an acknowledgment is important to your validity of the conveyance by a married woman. A lot more usually, nevertheless, the requirement of acknowledgment is imposed only as a preliminary for the document of the conveyance, for that goal of charging a subsequent purchaser with discover thereof,4 with the result that the document of the ness, it's been decided, 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 got been held that one particular having a pecuniary curiosity from the conveyance is disqualified. Winsted Sav. Bank & 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. Lender 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 been held that 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,Office 2010 Home And Student Product Key, 216, pt. two.

3. See Lewis v. Herrera, 10 Ariz. 74, 85 Pac. 245; Parrott v. Kumpf,Buy Office 2010, 102 111. 423; Hout v. Hout,

Trustee in,nine or a beneficiary under,10 a deed of trust take the acknowledgment of the grantor therein. Whether a single grantor can take the acknowledgment of his cograntor appears to get uncertain.11 Through 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 demands the acknowledgment to become made, if within the state, before a judge, clerk of court, justice of the peace, 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,Microsoft Office Home And Business, 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 the officials who might 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 from 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. Lender v. National Live Stock Bank, 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; four Wigmore, Evidence, Sec. 1676.

7. But in Tennessee, apparent ly, curiosity does not disqualify 1 to take an acknowledgment. Cooper v. Hamilton Perpetual Bldg. etc. Ass'n, 97 Tenn, 285, 33 L. R. A. 338, 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 & Real 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 1 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 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,Cheap Office Home And Student 2010, 18 So. 383; German American Lender v. Carondelet Genuine 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, 9 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, 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, 124 Ala. 663, 82 Am. St. Rep. 216, 26 So. 527; Ogden Bld'g, etc.,Office Standard 2010 Key, Ass'n v. Mensch, 196 111. 554, 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. Lender, 16 Wyo. 161, 92 Pac. 624.