Young v. Duvall

Syllabus

<p>Acknowledgment — Deed—Husband and Wife.</p> <p>In a suit to set aside a deed of trust executed to secure the payment of a note signed by husband and wife, and the acknowledgment of which was certified as required by law, it was in proof that the wife signed the note and the deed, having an opportunity to read both before signing them ; she was beforo an officer competent to take her acknowledgment, and he came into her presence, at the request of the husband, to take it; and she know, or could have ascertained, while in the presence of. the officer, as well to what property the deed referred as the object of its execution ; Held, that the certificate must stand against a mere conflict of evidence as to whether she willingly signed, sealed, and delivered the deed, or had its contents explained to her by the officer, or was examined privily and apart from her husband ; and that even if it be only prima facie evidence of the facts therein stated, it cannot be impeached, in respect to those facts, except upon proof which clearly and fully shows it to be false or fraudulent.</p>