Bray v. Clapp
Supreme Judicial Court of Maine
On exceptions. Writ of entry. The opinion states the question presented by the exceptions, and the material facts. cited: Webb v. Hall, 35 Maine 338 ; Strickland v. Bartlett, 51 Maine, 356 ; Child v. Sampson, 117 Mass. 63; Knight v. Thayer, 125 Mass. 25; White v. Graves, 107 Mass. 328 ; Hills v. Bearse, 9 Allen, 403 ; Chapman v. Miller, 128 Mass. 269 ; Comierais v. Wesselhoeft, 114 Mass. 552 ; Cairncross v. Lorimer, 3 Macq. II. L. Cas. 829, S. C. 7 Jur.
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On exceptions. Writ of entry. The opinion states the question presented by the exceptions, and the material facts. cited: Webb v. Hall, 35 Maine 338 ; Strickland v. Bartlett, 51 Maine, 356 ; Child v. Sampson, 117 Mass. 63; Knight v. Thayer, 125 Mass. 25; White v. Graves, 107 Mass. 328 ; Hills v. Bearse, 9 Allen, 403 ; Chapman v. Miller, 128 Mass. 269 ; Comierais v. Wesselhoeft, 114 Mass. 552 ; Cairncross v. Lorimer, 3 Macq. II. L. Cas. 829, S. C. 7 Jur. N. S. 149 ; Cornish v. Abbington, 4 Hurlst. & N. 549 ; S. C. 28 L. J. Exch. D. 262 ; Chapman v. Pingree, 67 Maine, 202 ; Wood v. Pennell, 51…
1Opinion of the CourtPeters, C. J.
It is conceded that the plaintiff is entitled to recover upon the case submitted, if it be a sufficient joinder of a husband in his wife’s deed, of her property derived from him, for him to express his assent, under his own hand and seal, without being in any other manner a formal party thereto.
The statute, R. S., c. 61, § 1, provides that "real estate directly or indirectly conveyed to a wife by her husband, or paid for by him, or given or devised to her by his relatives, cannot be conveyed by her without the joinder of her husband.” We have heretofore given what we regard as convincing…
2Cases cited1 opinion
- Evans v. SummerlinSupreme Court of Florida · 1883
3Cited by1 opinion
- Dietrich v. HutchinsonSupreme Court of Vermont · 1901