Agurs v. Belcher & Creswell

Citations

• 111 La. 378
• 35 So. 607
• 1903 La. LEXIS 541

Syllabus

<p>SIGNATURE—WHAT CONSTITUTES—MARK—ERROR OF NOTARY—RECORD—NOTICE.</p> <p>1. A man unable to write may make his mark. In such case the true signature is his act making his mark, not what the notary wrote as his name. An error in the name does not vitiate the signature.</p> <p>2. Where the notary errs as to the vendor’s name, and writes it “Willie Jones” instead of “Willie Johnson,” and the error is carried into the index to the conveyance records, it cannot have the effect of depriving the vendee of his property. The index is no part of the record. It is simply for the convenience of those examining the records.</p> <p>3. The body of the act gave the true name, “Willie Johnson.” The index gave “Willie Jones.” Defendants, by reading the act, would have learned from its recitals that it was Willie Johnson who appeared before the notary and made the sale, and thus would have been brought home to them sufficient notice to put them on guard, even though the name at the foot of the deed was written thus:</p> <p>his</p> <p>“Willie X Jones.”</p> <p>(Syllabus by the Court.)</p>