Myers v. Parks

Citations

• 95 Ill. 408
• 1880 Ill. LEXIS 192

Syllabus

<p>I. Acknowledgment—evidence to impeach. The certificate of acknowledgment by an officer authorized to make the same, to a deed or other instrument affecting or relating to the title to land, can only be impeached and shown to have been made in fraud, or as a forgery, by clear and entirely satisfactory evidence. Mere suspicion, loose and unsatisfactory evidence, or inconclusive evidence, will not suffice.</p> <p>»2. But where the clear and decided preponderance of the evidence shows that a married woman refused to execute a note, and deed of trust upon her land, when urged to do so by her husband, and positively refused to acknowledge the deed of trust, and the proof showed that the signature was not in her handwriting, but that the deed was executed by a mark, when she could write, it was held, that a decree setting aside the trust deed and enjoining an action of ejectment brought by the purchaser against her, was proper.</p>