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Effect of Mistake or Variance in Name

A spelling error in the name of the person who acknowledges an instrument does not invalidate an instrument, if error arises from obvious clerical error.  In Asnat Realty, LLC v. Joseph M. Regan, Inc., 2009 Conn. Super. LEXIS 808 (Conn. Super. Ct. Mar. 25, 2009, the Connecticut court held that in case of a misnomer of a corporation in a grant, obligation or written contract, if there is enough expressed to show that there is such an artificial being and to distinguish it from all others, the corporation is sufficiently named although there is a variation of words and syllables.  When the certificate of acknowledgment of a conveyance identifies the parties as known to the officer taking the acknowledgment to be the persons who executed the same, the fact that the names of the parties appear in such certificate spelled differently will not vitiate the instrument.  It will be presumed that such error or variance in names is due to a clerical error merely.  In Coates v. Smith, 81 Ore. 556 (Or. 1916), the court held that the material matter in such a certificate of acknowledgment is the identification of the parties, and not the notation of their names.


Inside Effect of Mistake or Variance in Name