A Treatise on the Law of Contracts by Married Women; Their Capacity to Contract in Relation to Their Separate Statutory Legal Estates, Under American Statutes

A Treatise on the Law of Contracts by Married Women; Their Capacity to Contract in Relation to Their Separate Statutory Legal Estates, Under American Statutes

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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. 1887 edition. Excerpt: ...is the best protection that the law can afford, and experience has taught us that it is not always safe to rely upon it." If the grantee pays a valuable consideration for the land, and acts in good faith throughout, and is ignorant of any fraud on the wife, or unfair dealing in procuring the deed, Whatever the fraud may be, his rights are generally unaffected by it, however cruel the hardship upon the wife.3 The examination must be separate and apart from the husband. I SEO. 452.--The deed is not valid unless it appears from the certificate, that she was examined separate and apart from her husband A proper acknowledgment is an essential part of the execution of a conveyance by a married woman." It is a nullity without the certificate of private examination; it cannot be supplied by oral testimony that such examination did actually take place.' The certificate of husband and wife, though they appear at the same time, must be separate and distinct, otherwise it can have no more efiect in law than the acknowledgment of the husband alone. It shall be separate, full and complete of itself, without reference to that of the husband. The statement in the certificate that she " signed " the deed cannot be so connected with the words "sealed and delivered " in the husband's acknowledgment, as to make her's full and complete, as required by the statute. It must stand or fall by itself." And the deed may be void as to the wife and valid as to the husband.3 The certificate is the only evidence of the contract. SEO. 453.--lt is held that the certificate of acknowledgment is the only evidence of the contract. which the court will receive. The sole purpose of the certificate of acknowledgment...show more

Product details

  • Paperback | 308 pages
  • 189 x 246 x 17mm | 553g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123678166X
  • 9781236781666