Bunnell & Eno Investment Co. v. Curtis
Idaho Supreme Court
APPEAL from District Court, Ada County. The mortgage not being acknowledged as the statute requires is absolutely void. The certificate of acknowledgment of a deed by a married woman cannot be corrected npon parol testimony.
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APPEAL from District Court, Ada County. The mortgage not being acknowledged as the statute requires is absolutely void. The certificate of acknowledgment of a deed by a married woman cannot be corrected npon parol testimony. The following statutes govern and control the transfer of the real estate of a married woman: “Section 2922. No estate in the real property of a married woman passes by any grant or conveyance purporting to be executed or acknowledged by her, unless the grant or instrument is acknowledged by her in the manner prescribed in chapter 3 of this title, and her husband, if a…
1Opinion of the CourtQuaeles, J.
This action was commenced by the plaintiff to foreclose a mortgage. Judgment of foreclosure was rendered April 6, 1895, On February 3, 1897, the defendant Susan L. Curtis served notice of motion and statement of motion to set aside the judgment, for want of jurisdiction in the court to render said judgment, which motion was heard on February 26, 1897, and, by order of the trial court, overruled, from which order said defendant appeals.
• The principal contention of the appellant is that the mortgage in question was void, for the reason that the acknowledgment thereto was not made and certified…
2Cited by16 opinions
- Connolly v. Probate CourtIdaho Supreme Court · 1913
- McAllister v. EricksonIdaho Supreme Court · 1927
- Baldwin v. AndersonIdaho Supreme Court · 1931
- McDonald v. McDonaldIdaho Supreme Court · 1934
- Kirkpatrick v. KirkpatrickIdaho Supreme Court · 1932
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