Erickson v. Conniff

Citations

• 19 S.D. 41
• 101 N.W. 1104
• 1904 S.D. LEXIS 111

Syllabus

<p>Rev. Civ. Code 1903, § 974, provides that the acknowledgment of an instrument must not be taken, if executed by a corporation, unless the officer taking it knows or has satisfactory evidence that the person making the acknowledgment is the president or secretary; and section 981 gives the form of a certificate of acknowledgment executed by a corporation, and provides that the officer must certify that the person acknowledging is known or proved to be the president or secretary. Section 636, Rev. Code Civ. Proc. 1903, provides that, to entitle one to foreclose a mortgage by advertisement, any assignment of the mortgage must have been duly recorded. Held, that where the certificate-of .acknowledgment of an assignment of a trust deed given by a corporation certified that the persons making the acknowledgment were personally known to the officer to be the vice president and assistant secretary of the corporation, the acknowledgment u?as insufficient to authorize recording of the assignment and a foreclosure of the trust deed by advertisement, under section 636, was of no validity.</p>