Fair v. Citizens' State Bank

Citations

• 70 Kan. 612
• 79 P. 144
• 67 L.R.A. 851
• 1905 Kan. LEXIS 16

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Chattel Mortgage — Renewal Affidavit — Competency of Notary Public. A chattel mortgage, regular upon its face, duly filed for record, and accompanied by an affidavit of renewal, filed in proper time and regular upon its face, and regular in fact except for the latent defect that the notary public who administered the oath was a stockholder in the mortgagee corporation, imparts notice as fully as if such defect did not exist.</p> <p>2. -Act of Notary Ministerial, Not Judicial. The act of a notary public in administering the oath, in such case, is ministerial and not judicial; it is, at most, voidable — not void.</p>