Fogarty v. Sawyer

Citations

• 23 Cal. 570

Syllabus

<p>Under the Act of 1850 (Stat. 1850, 114) relating to Notaries Public, the acknowledgment of a Notary taken under his private seal, was valid if it was stated in the acknowledgment that the Notary had not obtained a public seal.</p> <p>A mortgage on real estate containing also a power of sale, if recorded in the Eecorder’s office of the county, in the proper book of record of mortgages, imparts constructive notice of its contents, both as a mortgage and a power of attorney, and it is unnecessary to record it in the book of record of powers of attorney.</p> <p>Where a mortgage contains also a power of sale, and names the mortgagee as the attorney in fact to make the sale, the sale is not invalidated from the fact that the attorney employs the services of an auctioneer to make the sale for Mm.</p>