The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-20

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be resortsd 20 for support 10 tho acknovl-
edgment and vhme tho same name ap-
pears - . witness TO the execution Of The
deed and TO the Certificate Of acknowl
edgemeut - tho officer taking Il, it may
be presumed IN support Of the certificate
that these names represent tho same per
son.
z. Where the title of an officer taking
an acknowledgment Of deed is written
out in full in the body Of the certificate,
its omission from the signature is imma-
terial, and afixing it to the signature ID
itself sufficient. Initials may, however,
be used and are sufficient to designate
such title.
8. The certificate Of acknowledgment,
either of itself or aided by the instrument,
must show that the officer taking the ac-
howledgment is one authorized by law
to do 50, but initials are sufficient to show
this, and il they, viewed in connection
with the statute, reasonably indicate an
officer designated by it as competent to
take the acknowledgment, the certificate
should be sustained.
8. Where the title of Office stated in
the body of the certificate of acknowledge
ment is one which the law did not author
ize to take the acknowledgment, and the
suf1x TO the signature, read in connection
with the deed, if not alone, indicates an
Office having such authority, the suffix
will control
10. A deputy may take an acknowlndg-
ment of deed in his own name.
II. Where an instrument has been &C
knowledged in another state before a
deputy clerk of court, signing himself
as such, and affixing the seal Of Office, it
will be presumed, in support of the Ger
tificate, that the clerk had authority to
appoint deputy.
IL. The ordinary provisions of record
ing statutes no not contemplate that re-
cOrding officers shall record official seals
of public officers, and hence where the
acknowledgment of deed, as recorded,
indicates by it's language that the official
seal of the officer taking it was affixed to
such acknowledgment, the absence Of the
seal or Of anything representing it from
the record, or from transcript thereof.
is not sufficient to overcome the presump-
ton created by such language, that the
officers official seal was affixed to the
original.
Ii. The act of February "a, 1873 ODD.
$3.50, McClellan's Digest), in relation to
the acknowledgment of deeds, does not
require other evidence of the official
character Of an officer taking an
acknowledgment when he afixes his
Official seal to such acknowledgment.
IA. 1t does not appear that the intro
ductlon OF certified copy of the record
Of deed was objected to in the trial
court on the ground that it was not
shown that the original was not within
the custody or control of the party offer
ing the copy, the appellate court will
conclude that this requirement of the
Section %, Art. XVI. was
complied with or waived
Is. The effect of the act of February
"a, 1873, In relation to tho acknowledge
ment Of deeds is to validate, at least from
the approval OF such act, a record made
prior thereto of any deed cured thereby.
16. In 1868 the laws of Georgia author
zed the conveyance there of land located
here by a writing signed by the maker
and attested by two witnesses, and the
record of the deed there upon an
acknowledgment made there before a
clerk Of the superior court, or justice of
peace, but unlike our statute as to the
of deeds out of the
tate, did not require the certificate of
acknowledgment 10 state that the officer
aking it knew, or had satisfactory proof,
hat the person making it was the indi-
1idual described in and who executed the
Iced. A deed purported to have been
igned, sealed and delivered in Thomas
county, Georgia, by 81. L. Il. and NJ. E. |
H., his wife, in The presence of two
Witnesses. one Of whom signed his name:
T. G. Bracewel1, J. P.," and the certifi- |
ate Of acknowledgement represented |
hat it was acknowledged in the same |
county by 81. L. 81. and NJ. E. 81. before,
according to the body of the certificate,
the undersigned deputy clerk of circuit
'ourt'' OF the county, the conclusion of |
he certificate being: SIN witness where
# l herewith set my hand and seal of |
,ffice the day and year above mentioned |
\ G. Bracewell, deputy clerk s. & J. c."
4eld, that the acknowledgment, whether |
leemed, as nigh be, to have been made |
'efore a deputy clerk of the superior |
curt, or q justice OF the peace, was in &C.
Ordance with the law Of Georgia, and |
'alidated by the Florida act of February |
"A, 1878, as was the record made of the |
Iced here in 1858 on such acknowledge
nent, and that transcript of the record |
s admissible in evidence under section |
i, Art. XVI constitution of 1885, though |
10 representation Of the seal of the officer |
aking the acknowledgment appeared on |
UGH record or transcript.
II. The statutes Of another state of the |
Union must be provided by being intro |
luced as evidence; our courts do not take |
judicial notice of them.
Judgment reversed.
Fleming & Daniel, Bullock & Burford,
nd r. l. Anderson, for appellant; no |
appearance for appellee.
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