Russell v. Baptist Theological Union

Citations

• 73 Ill. 337

Syllabus

<p>1. Acknowledgment—officer's certificate of, can not be impeached by testimony of party. It is a rule that the acknowledgment of a deed can not be impeached for anything but fraud, and in such case the evidence must be clear and convincing beyond a reasonable doubt; and whilst the making of a false certificate is a fraud upon the party against whom it is perpetrated, yet the mere evidence of the party purporting to have made the acknowledgment can not overcome the officer’s certificate, nor will such evidence, slightly corroborated, overcome it.</p> <p>2. Stciivice oe process—-finding by court can not be impeached by evidence of party served. Where there is a finding by the court that a defendant had been duly served with process, such finding can not be impeached by the evidence of such defendant.</p> <p>3. Where an indorsement of acknowledgment of service on a writ has the names of a husband and wife signed thereto, in the husband’s handwriting, the testimony of the wife that she did not sign it will not be sufficient to overcome a judgment rendered upon it, as the court will presume that the husband -was authorized to sign the wife’s name, rather than that he committed forgery.</p>