Enterprise Transit Co. v. Sheedy

103 Pa. 492, 1883 Pa. LEXIS 197

• Court: Supreme Court of Pennsylvania
• Decided: May 21, 1883
• Docket: No. 232
• Status: Published

Opinion

The opinion of the court was filed

Pee Cukiam.

This attempt to impart life to a void instrument lias the merit of novelty. When Mrs. Sheedy affixed her name to the written instrument and acknowledged it, the acknowledgment was confessedly so defective as not to bind her or pass her title to the land. It was then delivered, and eleven days thereafter recorded. More than five months after the acknowledgment was actually taken, and the certificate thereof signed by the notary public indorsed thereon, he wrote and signed a second certificate of acknowledgment. The parties to the instrument did not again come before him, but he certifies what occurred months before. To this last certificate be adds facts not contained in bis former certificate, with a view and for the purpose of making valid the writing of a married woman, which was then invalid. Effect cannot be given to this latter aetion of the notary public.

Judgment affirmed.