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

> Supreme Court of Florida · February 7, 1934 · 117 Fla. 892

URL: https://www.frixlaw.com/law-library/cases/3391901

## Case

- **Full name:** A. Y. Oates, Et Ux., v. New York Life Insurance Co.
- **Court:** Supreme Court of Florida
- **Decided:** February 7, 1934
- **Citations:** 117 Fla. 892; 152 So. 671
- **Precedential status:** Published
- **Opinion:** Concurrence by Davis
- **Judges:** Whitfield, Terrell, Davis
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3391901

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3391901. Public record. Not legal advice.