Banks v. Shaw

The purpose of the action is to determine the title to land, the subject of a contract to convey. The defect complained of is that plaintiffs' title is derived under foreclosure of a deed of trust from T. A. Whitaker and wife, and that this deed of trust duly executed, probated and registered, showed notarial acknowledgment only by the wife. It was properly made to appear and not controverted that the notary took the acknowledgment of the grantors and the private examination of the wife, but inadvertently omitted the name of the husband from his certificate. Subsequent to the foreclosure the notary amended his certificate to speak the truth, attached it to the deed of trust, and the deed of trust with amended certificate in due form was again registered. No rights of third parties or creditors have intervened.