§ 76-233 — Proof in lieu of acknowledgment; certificate of officer

Every officer, who shall take the acknowledgment or proof of any deed, shall endorse a certificate thereof signed by himself on the deed, and in such certificate shall truly and specifically set forth the matters hereinbefore required to be done, known or proved, on such acknowledgment or proof, together with the names of the witnesses examined before such officer, and their places of residence, and the substance of the evidence by them given.

Legislative History

Source: R.S.1866, c. 43, § 12, p. 282; R.S.1913, § 6208; C.S.1922, § 5607; C.S.1929, § 76-213; R.S.1943, § 76-233. Annotations: Fact of acknowledgment should appear from instrument itself and cannot be shown by parol testimony. Solt v. Anderson, 71 Neb. 826, 99 N.W. 678 (1904). Mistake of notary in certificate of acknowledgment does not invalidate conveyance. Roberts v. Robinson, 49 Neb. 717, 68 N.W. 1035 (1896). Certificate is impeached only by clear and satisfactory proof of falsity. Phillips v. Bishop, 35 Neb. 487, 53 N.W. 375 (1892). Date of acknowledgment prevails over date of deed. Buck v. Gage, 27 Neb. 306, 43 N.W. 110 (1889). Acknowledgment showing appearance and acknowledgment by mortgagee but not of mortgagor was fatally defective, and parol evidence to impeach notary's certificate of acknowledgment omitting to show acknowledgment of mortgagor was inadmissible. Troyer v. Mundy, 60 F.2d 818 (8th Cir. 1932).