Wolf

Mr. Chief Justice Murray concurred.

The only question presented by the record, is as to the sufficiency of a certificate of acknowledgment to a certain mortgage given by one Duprey to defendant Fogarty. The certificate is as follows :

Under our statute, the acknowledgment or proof of execution is a necessary part of the conveyance, without which it cannot be admitted to record, so as to operate as notice to third parties. (Sec. 1 of Act concerning conveyances, Comp. Laws, p. 513.)

Section six of said Act provides, that “ No acknowledgment of any conveyance whereby any real estate is conveyed, or may be affected, shall be taken, unless the person offering to make such acknowledgment shall be personally known to the officer taking the same to be the person whose name is subscribed to such conveyance, as a party thereto, or shall be proven to be such, by the oath or affirmation of a credible witness.”

Section seven, requires that the knowledge or proof of identity shall* be stated in the certificate of acknowledgment.

The importance and ■ necessity of this strictness in regard to conveyances is obvious. The certificate under consideration does not comply with the statute,…