Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 13

Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 13

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...offered for the purpose of impeaching this certificate of the notary. The decisions of the courts are not in harmony upon the question of the admissibility of evidence to contradict the certificate of the notary in any case, and we do not deem it necessary to decide that question in this case. It is insisted on the part of the respondent that, as it is conceded the appellant signed the mortgage with her husband. it is immaterial in this case whether she acknowledged it or not. Section 2451, Comp. Laws, provides as follows: "A conveyance or incumbrance by the owner of such homestead shall be of no validity unless the husband and Wife. if the owner is married and both husband and wife are residents of the territory, concur in and sign the same joint instrument." This section was amended by Chapter 76 of the Laws of 1891, but the amendment did not affect the question we are now considering. The section was in elfect again amended by Chapter 77 of the Laws of 1891, as to the conveyance of a homestead, but no change was made in regard to incumbrances.. It will be noticed, by the section quoted, that the husband and wife must concur in and sign the same joint instrument. Nothing is said in regard to acknowledgment. It would seem, therefore, that, when a. wife concurs in and signs the same joint instrument, it is immaterial as to whether or not she has acknowledged the same. This was the view taken of a similar statute in Wisconsin in Godfrey v. Thornton, supra. See, also, Lawver v. Slingerland, 11 Minn. 447 (Gil. 330.) But there is another ground upon which the courtfs ruling can be sustained. The mortgage had been in existence about four years. The appellant had paid the interest and secured an extension of the time for redemption...show more

Product details

  • Paperback | 224 pages
  • 189 x 246 x 12mm | 408g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236834062
  • 9781236834065