La Societe Francaise D'Epargnes Et De Prevoyance Mutuelle v. Beard

Citations

• 54 Cal. 480

Syllabus

<p>Notary's Certificate.—Query: Whether in an action to foreclose a mortgage against a married woman—under a simple denial of the execution oí the mortgage—the truth of the notary’s certificate can be attacked?</p> <p>Married AVoman—Mortgage — Acknowledgment—Surplusage. — The law as it was before the Codes, did not require the notary, in taking the acknowledgment of a married woman, himself to make her acquainted with the contents of the instrument., but only that she should be made acquainted with them; and the words “ by me” in a certificate under that law are surplusage.</p> <p>Evidence—Presumption—Conflict of Evidence.—A prima facia presumption of law on the one hand, and the opposing testimony of two or more witnesses on the other, may constitute such a conflict of evidence, that a finding in favor of the presumption will not be disturbed.</p>