Ferguson

This is an action against a notary public and the surety on her official bond for damages suffered as the result of her certifying to an acknowledgment of a grantor’s signature on a forged trust deed. Rachel Hancock was the owner of certain real estate held by her as her separate property. Without her authority her husband, Paul C. Hancock, arranged for a loan on the property, signed his name to the note and trust deed and forged her name to these documents, which were then placed in escrow with the Title Guarantee and Trust Company. Inglewood Park Mausoleum Company, the lender, deposited $23,500 with the escrow holder with instructions to use the same, provided that within a time specified the title company issue to it its title policy showing the deed of trust. At the same time Paul C. Hancock deposited escrow instructions signed “Rachel M. Hancock by Paul C. Hancock”, deposited the note and trust deed to which he had forged the signature of his wife and then procured the acknowledgment of the deed by appellant Marie E. Ferguson, a notary public, without the knowledge of Rachel M. Hancock and without her appearance before the notary. The deed of trust was recorded, the title…