Heinig v. Smellow

Complainants have filed their bill to compel the defendants, husband and wife, to specifically perform a written contract to sell real estate in Atlantic City, title to which they hold by the entirety. Defendants move to strike the bill for the single reason that the agreement to sell "was not acknowledged as required by the statutes of New Jersey." Defendants contend that this court has never decreed and should not now decree specific performance by a married woman of a contract to sell real property not formally acknowledged by her before an officer authorized to take acknowledgments and…