Stuart v. Dutton

Citations

• 39 Ill. 91

Syllabus

<p>1. Deed—certificate of acknowledgment by a feme-covert, what sufficient. A certificate of acknowledgment of a deed, by a, feme-covert, which recites, “that she signed the same freely and voluntarily of her own accord, without the fear or coercion of her said husband, and that she relinquished her right and claim of dower to the lands therein described, and does not wish to retract. Seld :</p> <p>1. That the execution of a deed by a married woman, is manifested by her signature and seal to it, but is not consummated, so as to bind her, until properly acknowledged.</p> <p>2. That the acknowledgment that she “ signed ” the deed is sufficient. The term “ executed ” cannot embrace the delivery of the deed, that being the last act performed, and is no part of its execution. Acknowledging that she “ signed ” the deed, admits her signature and seal, which is, technically, the execution of the deed.</p> <p>3. That the omission to state in the certificate, in precise terms, that she acknowledged the deed, “as her act and deed,” is no objection. The deed is an act; and the acknowledgment that she executed it, admits it to be “ her act and deed.”</p> <p>4. That in the acknowledgment of a deed by a married woman, it is sufficient, if it appear, that the statute has been substantially complied with. A literal compliance is not demanded nor expected.</p> <p>5. That the words “ and does not wish to r'etract,” are not essential to the acknowledgment; and when the estate conveyed is owned in.fee by the wife, she has no dower interest to relinquish, and, in such case, a clause to that effect, has no place in the certificate. The interest disposed of is that which she had at the time of the conveyance.</p> <p>6. That when words are inserted in a certificate of acknowledgment, which is perfect without them, such redundancy does not vitiate it.</p> <p>2. Ejectment—outstanding title. Where there is an outstanding title to the premises in controversy, established in a third person, the