Selover v. American Russian Commercial Co.

Citations

• 7 Cal. 266

Syllabus

<p>Where a feme sole becomes the owner of shares of stock in a company, and afterwards marries, and after marriage the husband and wife execute an endorsement on the certificate of stock, purporting to sell the same to A, without any privy examination of the-wife, and there being at the time no inventory of the separate property of the wife on record: Held, that such, sale was void, as against a subsequent purchaser, under an instrument duly signed and acknowledged.</p> <p>The capacity of the wife to hold separate property is created by the constitution, and her title thereto, depends upon the mode of acquisition, and vests before the inventory can be filed.</p> <p>The intention of the Legislature, was to make the filing of the inventory notice of the title of the wife, and not of her intention to assert her right.</p> <p>Under our statute, the sale of the separate property of the wife, whether real or personal, must be in writing, signed and acknowledged in the manner pointed out by the statute, or it is void.</p> <p>From the position, that the capacity of the wife as to her separate property is equal to that of the husband as to his separate property, grave doubts exist as to the validity of some of the provisions of our statute.</p> <p>Defective deeds and acknowledgments of married women, cannot be reformed in chancery.</p>