15 Minn. 59 | Minn. | 1870
By the Court On the 12th day of September, 1865, Remembrance R. Gilman, being the owner of two acres of land which she had acquired by grant after her marriage, executed together with her husband, Francis Gilman, a certain bond conditioned for the conveyance of the same to the plaintiff. This action is brought to enforce specific performance of the condition. The court below find that the bond was insufficiently acknowledged by the said Remembrance, and that it is therefore void. All the other facts material to the plaintiff’s recovery are found in his favor. We are of opinion that the bond was valid and binding upon the obligors without any acknowledgement. By section 106, page 571, Public Statutes, it was provided that <c any real or personal estate which may have been acquired by any female before her marriage, * * or to which she may at any time after her marriage be entitled, by * *
The only condition which the statute cited imposes upon the exercise of her right to make such contract is that it shall not be done without the consent of her husband. The consent was given in this case, for her husband joined with her in the execution of the bond. But it is urged, and was held by the court below, that this case is governed by Section 12, Ch. 35, p. 398, Pub. St., which reads as follows : “When
It must be admitted that the policy of contenting upon a married woman authority to make a binding contract to convey her real estate without requiring her to acknowledge the execution of the same, a contract which she can be compelled to perform, is not easy to be reconciled with the policy which requires her, when she joins with her husband in a deed of conveyance of real estate, to acknowledge, separately, apart from her husband, that she executed such deed freely and without any fear or compulsion from any one.
Judgment reversed.