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· 9/15/1878

Harvey v. Dunn

Citations

  • 89 Ill. 585

Syllabus

<p>1. Chattel mortgage—certificate of acknowledgment. A certificate of the acknowledgment of a chattel mortgage, that the mortgage was duly acknowleged before the justice by the above named C D, the mortgagor, giving the date, but omitting the words, “and entered by me,” is not open to any substantial objection. It is sufficient if, in fact, the justice has made the entry on his docket as required by the statute.</p> <p>2. Practice—when specific objection should be made. Where the certificate of the acknowledgment of a chattel mortgage does not show in what town the justice taking the same holds his office, and there is no proof that the mortgagor resides in the same town, unless a specific objection is made in the court below for the want of such proof, when it is sought to introduce the mortgage in evidence, so as to afford an opportunity of removing the same by further evidence, it can not be urged in this court.</p>

Judges: Scholfield

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