Beard

The Court below found that the defendant, Jane M. Beard, signed the two mortgages set forth in the pleadings and mentioned in the findings, “ of her own free will and with full knowledge of the terms and conditions thereof, and well knowing what the contents thereof were, and that the certificates of said notary of the achnowledgment of mortgages are not, nor is either of them, in any respect untrue.”

The certificate of the notary attached to the mortgage referred to as the $175,000 mortgage, is in the words and figures following:

In the view we take of this case, it is not necessary to decide whether the notary’s certificate can properly be attacked under the pleadings herein; we shall assume that its recitals may be disputed.

It is said by counsel for the appellant that the certificate is not true in so far as it states that “ the said Jane M. Beard, wife of said Elias L. Beard, having been by me first made acquainted with the contents of such instrument, duly acknowledged,” etc.

When the acknowledgment was taken, the law did not require of the notary himself to make the married woman acquainted with the contents of the instrument, but only that she should “ be made…