McWILLIAMS v. CLEM

No. 87-80.

743 P.2d 577 (1987)

Joan McWILLIAMS, Plaintiff and Respondent, v. Jean CLEM, Clem's Word Processing Center, Clem's Placement Service, Dee Ann Langel and Stan Tenney, Defendants and Appellants, v. George McWILLIAMS, Third Party Defendant.

Supreme Court of Montana.

Decided September 10, 1987.

Rehearing Denied October 27, 1987.


Attorney(s) appearing for the Case

Wellcome, Frost & Bartlett, Albert Frost, Bozeman, Corette, Smith, Pohlman & Allen; Lisa Swan, Butte, Eula Compton, Bozeman, for defendants and appellants.

Heberling Law Firm, Allan McGarvey, Kalispell, Karl Knuchel, Livingston, for plaintiff and respondent.


SHEEHY, Justice.

We have here a case where a notary public, at the behest of a husband, took the acknowledgment of a deed transferring real property without the notary knowing or having satisfactory evidence that the wife, whose name appeared on the deed as a signator-grantor, was the individual described in and who executed the deed. The wife was not present before the notary public at the time of the acknowledgment, nor was contact made with the wife by the notary...

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