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65 Ill. 505

Lickmon v. Harding

Illinois Supreme Court

Decided September 15, 1872

Illinois Supreme Court · decided 1872-09-15

<p>Writ of Error to the Circuit Court of Warren county; the Hon. Arthur A. Smith, Judge, presiding.</p>

Key passage — most relied on by later courts

““Public policy requires such an act should prevail over the unsupported testimony of an interested party, otherwise, there would be but slight security in titles to land.””

quoted by 1 later decision, including Chaffee v. Hawkins

Relies on Graham v. Anderson

Good law ✅— No negative treatment on recordhow we know

Decided 1872-09-15

How this case has been cited

Cited by 32 later decisions — most recently April 2001 · most notably 3 E.H. Smith 71 - Albany County Savings Bank v. McCarty (1896), People ex rel. Munson v. Bartels (1891)

1 federal appellate · 29 state decisions — followed in 10 states

9018721880189019001910192019301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Mr. Justice Breese

¶1delivered the opinion of the Court:

¶2The only point in this case is, shall the acknowledgment of the execution of a deed, made and taken before a magistrate in proper form in pursuance of the statute, prevail over the unsupported testimony of the party grantor, he alleging the same to be false and forged ?

¶3We have no hesitation in answering the question in the affirmative, as it was answered by the circuit court. Public policy requires such an act should prevail over the unsupported testimony of an interested party, otherwise, there would be but slight security in titles to land.

¶4No fraud or combination between any party and the officer taking the acknowledgment is shown. The magistrate, in taking the acknowledgment, acts judicially. The duty is imposed upon him by the law, of ascertaining the truth of the matters about which he is to certify. Parties act on the faith of his certificate, and, in the absence of fraud and collusion, it must be entitled to full credit. There is an entire absence of any fraud and collusion in this case, which can vitiate the deed. Graham v. Anderson et al. 42 Ill. 514.

¶5The decree must be affirmed.

¶6Decree affirmed.

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