MacBride

This is an action against a notary and the surety upon her notarial bond to recover damages alleged to have been suffered through the making of a false certificate of acknowledgment. A demurrer to the second amended complaint, filed by the surety, was sustained without leave to amend and from a judgment which followed in favor of the surety, this appeal is taken.

The complaint alleges that the plaintiff is the owner of certain described real property; that she entered into a contract with one Lalor by which she was to receive $5,000 worth of stock of the United States Signal Corporation and $3,000 in cash, in exchange for her own promissory note in favor of Lalor for $8,000, secured by a- deed of trust on the real property described; that she executed and delivered to Lalor the said note and deed of trust, but that she did not acknowledge the execution of the deed of trust; that Lalor never intended to perform and did not perform his part of the agreement; that Lalor presented the deed of trust to the defendant Schoen who attached the usual certificate of acknowledgment thereto; that said acknowledgment is false in that the plaintiff never appeared before the notary; that the…