Legal Opinion

Ela v. Card

Superior Court of New Hampshire

Decided February 15, 1820PublishedCited by 5 opinions

The execution of a deed by femes covert, unless they are joined in it by their hus* bands, also, is not binding, except the deed be a release of dower. The declaration on a deed of covenant, thus executed by some of the covenantors, is good, though it omit to count against those femes covert as defendants. Á clear general description of the premises in a deed, is not controlled by any subsequent expression of doubtful import in respect to any particular.

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The execution of a deed by femes covert, unless they are joined in it by their hus* bands, also, is not binding, except the deed be a release of dower. The declaration on a deed of covenant, thus executed by some of the covenantors, is good, though it omit to count against those femes covert as defendants. Á clear general description of the premises in a deed, is not controlled by any subsequent expression of doubtful import in respect to any particular. If a covenant of seisin be broken as to part of the land conveyed, the amount recovered for the breach will be such a proportion of the…

1Opinion of the CourtWoodbury, J.

pro curia. This action is properly brought against the defendants alone ; because, as a general principle, the signature of femes covert to a deed, which is not executed by their husbands also, can pass no interest, and is in law a mere nullity.(If

Perhaps the only exceptions are, when she signs under a power from another, and when, under our statute and usages, she signs a deed releasing her dower. 1 N. H. Laws. 193.—Colonial Charters, 99.—7 Mass. Rep. 20.—2 Inst. 673.—1 Hen. Bl. 343.—2 Wils. 1.—10 Coke 42, b. Com. Di. “ Baron & Feme," H. & G. 4.

As no other question concerning the declaration…

2Cases cited3 opinions

  1. Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808
  2. Pitcher v. LivingstonNew York Supreme Court · 1809
  3. Van Valkenburgh v. ElmendorfNew York Supreme Court · 1816

3Cited by5 opinions

  1. Willson v. WillsonSuperior Court of New Hampshire · 1852
  2. Dickinson v. McLaneSupreme Court of New Hampshire · 1876
  3. Drew v. DrewSuperior Court of New Hampshire · 1854
  4. Dow v. JewellSuperior Court of New Hampshire · 1850
  5. Murray v. EmmonsSuperior Court of New Hampshire · 1849

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