Paul v. . Carpenter

BYNUM, J. dissents. The substantial facts as agreed, are:

The premises, the subject of the controversy, prior to the 17th February, 1864, was the separate property of Hetty, the then wife of A. H. Curtis, since dead, and who since his death has intermarried with the defendant, D.C. Carpenter. On the 17th of February, 1864, Curtis and wife sold the land for a full and fair price, to one Benjamin Jacobs, from whom, through a regular series of conveyances, the plaintiff herein claims. The only question arising, being as to the sufficiency in law of the private examination of the feme grantor.

No…