Brown v. Farran
Ohio Supreme Court
This was a bill in chancery for the assignment of dower, against a person claiming under the alienee of the husband. The wife had joined in the deed of alienation, and the case turned upon the validity of the following acknowledgment: “ Before the undersigned, within and for the same county, personally appeared David Brown, and Catharine Brown, his wife, who being made acquainted with the contents, and being examined, separate and apart, the wife from the husband,…
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This was a bill in chancery for the assignment of dower, against a person claiming under the alienee of the husband. The wife had joined in the deed of alienation, and the case turned upon the validity of the following acknowledgment: “ Before the undersigned, within and for the same county, personally appeared David Brown, and Catharine Brown, his wife, who being made acquainted with the contents, and being examined, separate and apart, the wife from the husband, acknowledge the above indenture to be their voluntary act and deed, for the uses and purposes therein mentioned.” The case was…
1Opinion of the Court
Opinion of the court, by
Judge Burnet :
The complainant sets up a claim of dower in a lot of ground in the city of Cincinnati, of which her husband was seized in fee during coverture, and which he sold and conveyed to the defendant for a valuable consideration, by deed bearing date December, 1818. The deed was signed and sealed by the complainant and by her husband, and attested by two subscribing witnesses.
*An acknowledgment was made at the bottom of the deed in the following words : “ State of Ohio, Hamilton county, ss. Before me, the undersigned, a justice of the peace within and for said…
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