27 Ind. 478 | Ind. | 1867
Cardwell sued Davar to recover a payment due on the sale and conveyance from the former to the lat
Three points are made by counsel in their brief: 1. That the court below erred in admitting in evidence the record of a deed with a defective acknowledgment. 2. That the com't erred in allowing parol proof of the time when the deed was made and delivered to the appellant. 3. That the suit was prematurely brought.
The certificate of acknowledgment of the deed, which is claimed to be defective, states that “ personally came George W. Cardwell, the executor of the annexed deed, and acknowledged it.” It is claimed that this is not in compliance with the requirements of section 25 of the act concerning real property, and the alienation thereof. 1 G. & H., 264. It is argued that the words “acknowledged it,” do not substantially mean the same thing as the words “ acknowledged the execution of the annexed deed.” An acknowledgment
The judgment is affirmed, with ten per cent, damages and costs.