Fitzgerald v. Fitzgerald

Citations

• 100 Ill. 385
• 1881 Ill. LEXIS 108

Syllabus

<p>1. Deed-—impeaching and overcoming certificate of acknowledgment. To impeach the certificate of the acknowledgment of a deed, the proof must show a conspiracy between the officer taking the acknowledgment and the grantee, or that the officer practiced imposition or fraud upon the grantor, and the testimony of the grantor alone is not sufficient to overcome the certificate and the officer’s testimony in support of the same.</p> <p>2. As between the immediate parties to the deed, the acknowledgment may be impeached for fraud, collusion or imposition, but not otherwise;-— and the evidence to warrant the setting aside of a deed upon the ground that the acknowledgment was obtained through fraud, collusion or imposition, must, by its completeness and reliable character, fully and clearly satisfy the court that the certificate is untrue and fraudulent.</p>