Carn v. Haisley

Citations

• 22 Fla. 317

Syllabus

<p>1. An instrument in writing made by a married woman purporting to be a deed conveying real estate, but without a seal, not acknowledged by her as required by statute, and in which her husband did not join, is a nullity.</p> <p>2. Such paper acquires no validity from the execution o'f a paper by the husband afterwards purporting to ratify said deed of the wife.</p> <p>3. A private examination of the wife before the proper officer is an indispensable requisite to the conveyance of her real estate. A deed of land belonging to a married woman, but not acknowledged by her until after suit, commenced by her grantee for the-recovery of the land described therein, cannot be introduced in evidence in said suit.</p> <p>4. The plaintiff cannot avail himself of a title acquired or -which did not subsist in him until after he commenced suit.</p> <p>5. Neither sections 5 nor 6, p. 732, McC’s. Dig., require that the written instrument upon which the occupant founds his claim of title, should be a rightful title.</p>