98 N.J. Eq. 45 | N.J. Ct. of Ch. | 1925
The complainants file their bill to compel the defendants, wife and husband, to convey the wife's house and lot, which *46 they agreed to sell for $5,500, and in acknowledgment of which, at the time of the down payment, they gave this receipt:
"Received from Raffaelo Celendano and Angela, 327 Jefferson street, Newark, New Jersey, 200/two hundred dollars — deposit any house, 174 South Str. —
Price .......................................... $5500.00 Dollars Deposit ........................................ 200.00 " __________ Balance ........................................ $5300.00 DollarsNewark, N.J., May 22d 1924.
(Signed by cross) MARY CZENSCIK VAL BLAXEJEWSKI CHARLEY MILLER. WILLIAM CZENSCIK."
Miller witnessed the signatures. A certificate of acknowledgment in due form is annexed, dated August 22d 1924. Fire partly destroyed the house, and, after it was repaired, the defendants refused to convey, and they now set up that the complainants were to pay $5,500 and take the property subject to two mortgage encumbrances; that after the fire the complainants abandoned the contract; that the certificate of acknowledgment is untrue, and that the memorandum in writing does not meet the requirements of the statute of frauds. I find against the defendants on the questions of fact. The memorandum contained all of the contract that the statute requires. Johnson v. Buck,
But the contract cannot be enforced. A married woman cannot convey land except by a duly acknowledged deed. Whalen v.Manchester Land Co.,
*48The bill will be dismissed.