McPherson v. Sanborn

Citations

• 88 Ill. 150

Syllabus

<p>1. Acknowledgment of deed—proof to impeach. Very clear and satisfactory proof is required to impeach a certificate of the acknowledgment of a deed or mortgage. The uncorroborated testimony of the grantor or party executing the same is not sufficient to overcome the evidence afforded by the officer’s certificate of the fact, especially when the execution of the deed is not denied, or any undue influence, coercion or fraud is shown.* </p> <p>2. Deed of trust—sale by auctioneer. A trustee in a deed of trust has the undoubted right to employ an auctioneer to sell the lands conveyed, and if he is present at the sale, directing and controlling it, this will be a compliance with the terms of the power of sale, and will satisfy the demands of the law.† </p>