Monroe v. Poorman

Citations

• 62 Ill. 523

Syllabus

<p>1. Acknowledgment of deed—impeaching by parol evidence. Where the certificate of acknowledgment of a mortgage in due form shows that the wife relinquished her dower and homestead right, in the absence of fraud or imposition upon the wife, or combination between the mortgagee and the officer taking the acknowledgment, she will not be allowed to show in defense of a bill to foreclose that she did not in fact relinquish her dower and homestead right.</p> <p>2. Where the certificate of the acknowledgment of a deed is in conformity to law, it can only be impeached for fraud or imposition. The certificate must be judged of by what appears upon its face. Therefore, proof negativing the necessary facts shown therein, will not alone be sufficient to impeach the certificate.</p>