Merritt v. Yates

Citations

• 71 Ill. 636

Syllabus

<p>1. Acknowledgments of deeds—by married women. Whilst it is true, that a grammatical inaccuracy in the certificate of acknowledgment of the deed of a married woman for her land should not vitiate it, still it should clearly appear what is intended to be expressed, and it should so appear without mere inference or conjecture. It must appear certainly from the certificate, not only that she executed it, but that she acknowledged its execution.</p> <p>2. In this case, the certificate of acknowledgment stated that the grantors, naming them, personally appeared and acknowledged the deed, etc., and then proceeded: “ And the said-, wife of the said-, having been by me examined, etc., acknowledged that she freely executed the deed, and relinquished her dower, etc., without the compulsion of her said husband:” Reid, that the deed could not be read in evidence.</p> <p>8. Certificate of acknowledgment—amendment thereof. An officer having taken the acknowledgment of a deed, and made a certificate thereof, can not afterwards amend or change his certificate so as to correct an error or mistake. This can only be done by the parties re-acknowledging the deed.</p> <p>4. Nor can an officer who has taken and certified to the acknowledgment of a deed, at a subsequent time, and years afterwards, cure any defect in the first certificate by making another one on the deed, unless the parties to the deed re-acknowledge it; and if such first certificate is so defective that the deed can not be read in evidence, it will be excluded, notwithstanding such subsequent certificate.</p>