Danglarde v. Elias

Citations

• 80 Cal. 65
• 22 P. 69
• 1889 Cal. LEXIS 860

Syllabus

<p>Married Women—Acknowledgment of Deed—Statutory Requirements Apply to All Married Women. —The provisions of the Civil Code requiring conveyances of land by married women to be acknowledged in a particular manner apply to all married women without exception, whether living with or apart from their husbands, and to all land, whether it is owned by her as her separate property, or otherwise. Unless so acknowledged, a deed by a married woman is invalid, and passes no title to the grantee.</p> <p>Id.—Certificate of Acknowledgment—Presumed to Accord with Facts. — If the acknowledgment is in due form, the certificate of the officer is not necessary to the validity of the deed, but may be supplied at a later day; but where a certificate is attached, it is prima fade evidence of the fact that the deed was acknowledged as therein indicated, and if it fails to show the examination and acknowledgment separate and apart from the husband, or any other essential to a due and sufficient acknowledgment, it will be presumed, until the certificate is corrected, that such necessary acts were not done.</p> <p>Id. — Fraud on Creditors—Inoperative Deed will not be Set Aside. — A deed purporting to convey land to which the grantor had no title will not be set aside at the instance of his creditors, on the ground that it was fraudulent as to them.</p>