Kelly v. Calhoun,
Annotate this Case
95 U.S. 710 (1877)
- Syllabus |
U.S. Supreme Court
Kelly v. Calhoun, 95 U.S. 710 (1877)
Kelly v. Calhoun
95 U.S. 710
1. The formula prescribed by the laws of Tennessee for the acknowledgment of deeds is
"Personally appeared before me . . . the within-named bargainor, with whom I am personally acquainted, and who acknowledged that he executed the within instrument for the purposes therein contained."
Held that a certificate of an officer taking the acknowledgment of the grantor in a deed of trust, in which the officer certifies that said grantor is "personally known" to him is a compliance with the statute.
2. To be "personally acquainted with" and to "know personally" are, in such a certificate, equivalent phrases.
3. There is no statutory provision in Tennessee as to the execution or acknowledgment of deeds by a corporation. In such cases, its officer affixing its seal is the party executing the deed within the meaning of the statutes requiring deeds to be acknowledged by the grantor.
The facts are stated in the opinion of the Court.