People's Gas Co. v. Fletcher

Citations

• 81 Kan. 76
• 105 P. 34
• 1909 Kan. LEXIS 309

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Written Instruments — Evidence of Execution — Certificate of Acknowledgment — Parol Evidence. A certificate of acknowledgment made by an officer authorized to take acknowledgments is only prima facie evidence of the execution of the instrument, and while it is entitled to k strong presumption in favor of its truth it may be impeached by parol testimony.</p> <p>2. - Denial of Execution — Testimony of Parties. Where the parties have actually appeared and signed an instrument, and afterward attempt to contradict the certificate as to what, took place, the evidence to impeach the acknowledgment must, be clear and convincing. (Gabbey v. Forgeus, Adm’r, 38 Kan. 62.) But where the parties deny the execution of the instrument and claim neither to have signed nor acknowledged itj. their testimony is admissible to impeach the certificate and will be entitled to as much weight as that of any other interested witness.</p> <p>3. Evidence — Trial to the Court — Questions Submitted to Jury —Weighing Testimony. In a case tried by the court, where the court submits questions of fact to the jury in an advisory-capacity and adopts their findings, it will be assumed that the court gave proper weight to all the competent evidence.</p> <p>4. Special Findings — Sufficiency — Waiver—General Finding-Sufficient. In a case tried by the court, where the court makes special findings in favor of the defendants and finds generally on all the issues in their favor, and renders judgment accordingly, and some of the special findings appear to be insufficient to support the judgment, and the plaintiffs have-neglected to ask the court to make further findings or to. modify those made, the special findings will be disregarded and the general finding held sufficient to support the judgment.</p>