Gardner v. Port Blakely Mill Co.

Citations

• 8 Wash. 1
• 35 P. 402
• 1894 Wash. LEXIS 1

Syllabus

<p>HUSBAND AND WIPE — PURCHASE OP PUBLIC LANDS — SEPARATE PROPERTY — EVIDENCE — EXECUTION OP DEED.</p> <p>Lands acquired by a married man under the act of congress providing for the sale of timber lands are his separate property, and can be alienated without the consent of his wife. (Dunbar, C. J., dissents.)</p> <p>Where the validity of a deed as against third parties is contested on the ground that it was an unacknowledged instrument, as disclosed by the record in the auditor’s office, the original deed itself, when purporting to be regularly acknowledged before a proper officer, is admissible in evidence without further proof of its execution.</p>