Smith v. Greer

Citations

• 31 Cal. 476

Syllabus

<p>Married Woman’s Contract. — A certificate of acknowledgment of a married woman’s contract does not form any part of the contract itself, but is merely the evidence which the law requires to show that the contract is her act.</p> <p>Married Woman’s Note.—A married woman cannot charge her separate estate by the execution of a promissory note acknowledged as instruments conveying her separate estate are required to be acknowledged.</p> <p>Married Woman’s Contract.—A married woman cannot create a personal liability by the execution of a promissory note acknowledged as instruments affecting her separate estate are required to be acknowledged. Her capacity to contract is confined to exceptional cases, such as sole trader.</p> <p>Married Woman’s Separate Estate.—A married woman cannot convey or charge her separate estate, except by an instrument in writing made for that purpose, and executed and acknowledged as required by section six of the. Act defining the rights of husband and wife.</p>