Rice v. Peacock

Citations

• 37 Tex. 392

Syllabus

<p>1. A notary’s certificate to a married woman’s conveyance recited that she appeared before him, ‘ * and acknowledged herself party to the annexed deed “ of trust, and, being examined and apart from her husband, acknowl- “ edged that she signed, sealed, and delivered the same, for the purposes “ and considerations therein expressed, and that she wished not to retract “ it.” Reid, that this certificate is defective and worthless. It fails to show that the wife was examined separate and apart from the husband, or by whom she was examined; and though all its recitals be admitted, she may never have acknowledged to the notary her willingness to sign the instrument. (Paschal’s Digest, Article 1003.)</p> <p>2. In the absence of promissory notes secured by the deed of trust for the enforcement of which this suit was brought, and without allegation of their loss, it was error to permit the plaintiff to prove their contents by parol evidence.</p>