Opinion
Appeal from the Twelfth District.
Suit by plaintiff against William Martin, to set aside a warrantee deed executed by defendant to plaintiff, and to recover the consideration given therefor, to wit: five hundred dollars cash, and a promissory note of plaintiff for five hundred dollars more, on the ground of failure of title--the defendant having previously conveyed the land, as was claimed, to other persons.
On the trial, plaintiff, among other deeds from defendant, offered in evidence a certified copy of one from Patrick Martin to one Reed. This copy, on its face, showed that the deed purported to be acknowledged before Charles Halsey, a Notary Public, and his certificate concludes thus:
" In witness whereof, I have hereunto set my hand and affixed my official seal, the day and year first above written.
[No Seal.] " Charles Halsey,
" Notary Public."
Then follows the certificate of the County Recorder that the foregoing is a true copy of an instrument on file in his office.
On defendant's objection, this copy was ruled out, on the ground that it appeared on the face thereof, that there was no seal of the Notary who took the acknowledgment. Defendant had judgment. Plaintiff appeals.
Judgment reversed and cause remanded.
COUNSEL
Nugent & Judah, for Appellant.
W. T. Gough, for Respondent.
JUDGES: Baldwin, J. delivered the opinion of the Court. Field, C. J. and Cope, J. concurring.
OPINION
BALDWIN, Judge
We think the Court erred in excluding the deed in this case. Take the transcript altogether, and we think it shows sufficiently that the seal of the Notary was affixed to the instrument. The certificate asserts that the Notary affixed his seal to it, and the words " No seal" in brackets in the margin, do not imply that there was no seal affixed, but are a mere note of the Recorder of the place of the notarial seal, which he had probably no means of copying, nor was it necessary that he should transcribe it.
Judgment reversed and cause remanded.