Leggate v. Clark

The demandant, who is a married woman, was the owner of the land in question, to her sole and separate use, on February 18, 1870. On that day she executed a warranty deed, in which her husband joined, to Lawrence McLaughlin, from whom the tenant derives his title.

The first question in the case is whether it was competent for the demandant to show that her husband was insane at the time he executed the deed, and whether his insanity would make the deed void.

At common law a deed of land by a married woman in which her husband does not join, is absolutely void. The disability of coverture makes…