Bunnell & Eno Investment Co. v. Curtis

Citations

• 5 Idaho 652
• 51 P. 767
• 1897 Ida. LEXIS 69

Syllabus

<p>Mortgage — Defective Acknowledgment — Mat be Reformed. — If the acknowledgment of a married woman to a deed or other instrument is eorreetly made, but defectively certified, such certificate of acknowledgment may be reformed by judgment of the district court, under the provisions of title 6, chapter 3, of the Civil Code, so as to make the certificate correctly state the acknowledgment.</p> <p>Civil Procedure — To Set Aside an Erroneous Judgment not bt Motion. — An erroneous judgment cannot be set aside on motion or application made more than six months after judgment; and. when, on motion to set aside a judgment, it appears that the court had jurisdiction of the subject matter of the action, and of the person of the defendant, the motion should be denied, however erroneous the judgment may be, the remedy of the aggrieved party being by appeal, and not by motion.</p> <p>Presumptions as to Findings of Trial Court. — In the absence of showing to the contrary, it will be presumed that the trial court made all necessary findings of fact, or that such findings were waived. '</p> <p>(Syllabus by the court.)</p>