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Fruad, Duress or Imposition in Acknowledgment

A certificate of acknowledgement may be impeached against the grantee of the instrument acknowledged, by proof of fraud or duress practiced upon the grantor.  In Chicago, St. P. M. & O. R. Co. v. Belliwith, 83 F. 437 (8th Cir. Minn. 1897), the court held that a written instrument cannot be avoided for fraud or mistake unless the evidence of the fraud or mistake is clear, unequivocal, and convincing.  To impeach a certificate, it must be proved that the grantee participated in, had knowledge of, or ought to have known of, the imposition or coercion.


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