Lovett v. Steam Saw Mill Ass'n

Citations

• 6 Paige Ch. 54
• 1836 N.Y. LEXIS 302
• 1836 N.Y. Misc. LEXIS 110

Syllabus

<p>Where the president of an incorporated company affixed the corporate seal to a mortgage, and signed his name to the same as such president, and acknowledged the execution thereof before the proper officer, testifying that the seal thus affixed was the common seal of the corporation, and was affixed thereto by him by authority of the corporation; Held, that the mortgage was duly acknowledged and proved to entitle it to be recorded, or to be read in evidence without further proof of its execution.</p> <p>The answer of a corporation under its corporate seal, which the complainant does not require to be verified by the officers of the company for the purposes of discovery, is not evidence in favor of the corporation, although it is responsive to the bill.</p> <p>The seal of a corporation aggregate, affixed to a deed, is of itself prima facie evidence that if was so affixed by authority of the corporation ; especially if it is proved to havebeen affixed to the deed by an officer who was entrusted by the corporation with the custody of such seal. And it lies with the par, ty objecting to the due execution of the deed, to show that the corporate seal was affixed to it surreptitiously, or improperly.</p> <p>Where a deed is executed by an attorney lawfully authorized, he is the party executing the same, and may make the acknowledgment of the deed, within the intent and meaning of the statute on .that subject, to entitle it to be recorded.</p>