Robinson v. Noel

Citations

• 49 Miss. 253

Syllabus

<p>1. Deed — Acknowledgment of Husband and Wife. — Though the husband and wife may appear at the same time, before the officer, taking the acknowledgment, yet their acknowledgment must be separate and distinct. The mere statement in the certificate that Jones and wife appeared and acknowledged that they signed, sealed and delivered the deed, is nothing more in legal effect, than the acknowledgment of the husband.</p> <p>2. Same — Same.—The law requires the acknowledgment of the wife to be separate, full and complete in itself, without reference to that of the husband. The statement in her acknowledgment that she “signed” the deed cannot be so connected with the words “ sealed and delivered ” in the husband’s acknowledgment, as to make her’s perfect, full and complete, as required by the statute.</p> <p>3. Same — Same.—An acknowledgment of the wife, whioh is insufficient in itself, Cannot be helped out and made valid by reference to that of her husband. It must #tand or fall by itself.</p> <p>4. Same — Same.—Sealing and delivering have always been considered as essential •to a deed. It takes effect only from delivery.</p> <p>NoTE.--My assent toa judgment of affirmance, is far the present withheld in this ease. Tuibell,</p>