Hellwig

This is an action on a notary public’s surety bond executed by the defendant, and grows out of an alleged false acknowledgment by the notary of the execution of a certain deed of trust.

It appears that one Frank L. Dreischmeyer was, on the thirty-first day of August, 1910, a duly appointed, qualified, and acting notary public, in and for the county of Santa Clara, and that the defendant had become and was on said date a surety on his official bond as such notary; that, on said thirty-first day of August, 1910, and while said bond was a valid, subsisting obligation and on file in the office of the county clerk of said county, said Dreischmeyer, in his official capacity as such notary public, purported to acknowledge the execution of a trust deed purporting to have been executed by one Marie F. Smith and others, conveying the legal title to certain lands situate in the county of Santa Clara, to the plaintiff, the same to be held, however, as security for the payment of a promissory note for eight hundred dollars, purport ing to be executed by the said Marie F. Smith and one Temperance E'. Smith in favor of the plaintiff, from whom the loan evidenced by said note was obtained. It…