Hungate

Respondent recovered judgment against appellant, who was surety on the notarial bond of defendant Wells. This is an appeal from the judgment on the judgment-roll.

It appears from the findings that J. C. Williams was the owner of real property in Riverside County; that Frank H. Wells was a notary public with appellant as his surety; that Wells entered into negotiations with respondent for a loan of $1,000 on the Williams property; that respondent gave Wells a check in the sum of $1,000 payable to a title company, which check was subsequently cashed; that for this money a note in the principal sum of $1,000, secured by a deed of trust, both instruments bearing the names of J. C. Williams and Mary E. Williams, his wife, as makers of the note and the deed of trust, was executed and delivered to respondent; that the deed of trust had attached to it the usual notarial certificate in words and figures as follows: “State of California, County of Riverside—ss. On this 13th day of January, 1931, before me, F. H. Wells, a Notary Public in and for said County, personally appeared J. C. Williams and Mary B. Williams, husband and wife, known to me to be the persons whose names are subscribed…