Hockman v. McClanahan

Citations

• 87 Va. 33
• 12 S.E. 230
• 1890 Va. LEXIS 86

Syllabus

<p>1. Deed—Married Woman’s Acknowledgment—Certificate—Requisites.—Certificate of feme covert’s acknowledgment of deed, must comply substantially with every requisite of the statute—her examination must be privy, and the deed must be explained to her; and then she must (1) acknowledge the deed to be her act; (2) declare she willingly executed it, and (3) does not now wish to retract it.</p> <p>2. Idem— Certificate must show that the privy examination preceded the wife’s acknowledgment, and a certificate that husband and wife acknowledged the deed, and then that the wife, being privily examined and having the writing explained to her, “ declared that she had willingly executed the same,and does not wish to retract it”: held, insufficient.</p> <p>3. Idem—Impeachment of Certificate.—An officer who has taken an acknowledgment cannot contradict his own certificate, and testify that the husband used fraud and coercion towards his wife.</p>