John C. McEwen and Virginia McEwen, Appellants v. Arthur C. Schenck

Summary

The Supreme Court of Florida reversed the Circuit Court's decree granting the mortgagee and remanded for the lower court to determine the weight and sufficiency of the evidence that the wife did not appear before the notary who certified her acknowledgment. The Court held that a notary's certificate is conclusive only absent fraud or duress, and an allegation that the wife was not before the officer raises a fraud issue that must be evaluated. The decision was contested by a dissent and a concurrence, each offering differing views on the effect of the testimony.