Opinion

Oates, Et Ux. v. N.Y. Life Ins. Co.

  • 117 Fla. 892
  • 152 So. 671
Court
Supreme Court of Florida
Filed
Feb 7, 1934
Status
Published
Author
Davis
On the bench
Whitfield, Terrell, Davis
Cited by
1 cases

The opinion

Davis, C. J.

(concurring).—I concur with this observation: where a certificate of acknowledgment recites affirmatively that the parties

did

appear before the officer, juris

*896

diction is presumed and such certificate of acknowledgment is to be taken as a quasi-judicial record which cannot be overthrown, except upon clear and convincing affirmative evidence to the effect that the officer’s' certificate is in effect a pure fabrication. In other words, the falsification or fabrification of a certificate of acknowledgment is a fraud for which a remedy exists. But every presumption of law and of fact is in favor of the verity of the recited facts specified in an acknowledgment, and a certificate of acknowledgment in proper form should be sustained by and through its' own force and effect as evidence, unless clearly and affirmatively impeached.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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