Farr v. Sherman
Michigan Supreme Court
Case made from Oakland Circuit. Farr brought ejectment against Shermanj to recover lands which she had owned prior to 1855, and which, by deed bearing date in June of that year, she had conveyed to one Parish, through whom Farr claimed title. The defendant at the date of this deed was the wife of Samuel Sherman, since deceased, to whom she was married in 1843, and who did not consent to or have knowledge of this deed to Parish.
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Case made from Oakland Circuit. Farr brought ejectment against Shermanj to recover lands which she had owned prior to 1855, and which, by deed bearing date in June of that year, she had conveyed to one Parish, through whom Farr claimed title. The defendant at the date of this deed was the wife of Samuel Sherman, since deceased, to whom she was married in 1843, and who did not consent to or have knowledge of this deed to Parish. The - Circuit Court held the deed so given without the husband’s assent to be void, and rendered judgment for defendant.
1Opinion of the Court
Martin Ch. J.:
The land in question being the property of the defendant at the time of the conveyance by her to Parish, she *34had power, under the act of 1855, to sell and convey it Cfin like manner and with the like' effect as if she were unmarried.” The obvious intention of the act of 1855 was to give to a feme covert the same control over and power of alienation of her property as she would have if a feme sole; and the husband’s assent is no longer necessary to render valid a conveyance by her of her separate estate, as against herself. Whether the husband, if living with her, or surviving…
2Cited by4 opinions
- Burdeno v. AmperseMichigan Supreme Court · 1866
- Roberts v. Wilcoxson & RoseSupreme Court of Arkansas · 1880
- Kantrowitz v. PratherIndiana Supreme Court · 1869
- Anima & Awana v. Lau KonaHawaii Supreme Court · 1894