Overacre

This was an action against a notary public and his bondsmen for damages for alleged negligence in certifying the acknowledgment to a mortgage. The notary died pending the suit, and by stipulation a dismissal was entered as to him, and the action continued against his sureties. The court found in favor of plaintiff, and judgment was entered against the defendants for $1,309.30 damages, and for costs, from which defendants appeal. The case comes up on the judgment roll. The important question in the case is, whether the findings are sufficient to support the judgment.

The court found that on the thirtieth day of June, 1884, William K. Rowell was a notary public, duly commissioned, qualified, and acting as such, and that the present defendants were the sureties on his official bond; also, that on that day one Alexander Wilson was the owner of a half-interest in a certain tract of land described in the complaint, and that the value of such interest was two thousand dollars. It then further finds as follows:—

4. That on said June 30, 1884, a person other than Alexander Wilson, the owner of said land, came before said Rowell, and in his presence signed the name of Alexander Wilson to…