Judges: BUFORD, J. —
Attorneys: Ira C. Hopper, for Appellants;
Bradford G. Williams, Richard M. Naylor, Raymond D. Knight, John M. McNatt and Knight, Adair, Cooper Osborne, for Appellee.
Filed: Feb. 07, 1934
Latest Update: Mar. 02, 2020
Summary: Motion for rehearing has been filed in this case in which it is contended that because the appellee was a bona fide purchaser for value and before maturity and without notice, the rules enunciated in the opinion cited in which original opinion was filed January 4, 1933, are not applicable. The property embraced in the mortgage is shown to have been a homestead and, therefore, for the mortgage to be valid, it must have been executed in compliance with Section 4, Article X, of the Constitution, wh
Summary: Motion for rehearing has been filed in this case in which it is contended that because the appellee was a bona fide purchaser for value and before maturity and without notice, the rules enunciated in the opinion cited in which original opinion was filed January 4, 1933, are not applicable. The property embraced in the mortgage is shown to have been a homestead and, therefore, for the mortgage to be valid, it must have been executed in compliance with Section 4, Article X, of the Constitution, whi..
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I concur with this observation: where a certificate of acknowledgment recites affirmatively that the partiesdid appear before the officer, jurisdiction is presumed, and such certificate of acknowledgment is to be taken as a quasi-judicial record which cannot be overthrown, except upon clear and convincing affirmative evidence to the effect that the officer's certificate is in effect a pure fabrication. In other words, the falsification or
fabrication of a certificate of acknowledgment is a fraud for which a remedy exists. But every presumption of law and of fact is in favor of the verity of the recited facts specified in an acknowledgment, and a certificate of acknowledgment in proper form should be sustained by and through its own force and effect as evidence, unless clearly and affirmatively impeached.
