People v. Galloway
New York Supreme Court
Error from the Wayne general sessions. Archer Galloway was indicted for having obtained the signature of his wife Rosanna Galloway, to a deed of certain lands in the county of Wayne, in this state, wherof she was seized in her own right in fee, by the false pretence that the deed to which he desired her to affix her signature was a deed of lands belonging to him in the state of Illinois.
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Error from the Wayne general sessions. Archer Galloway was indicted for having obtained the signature of his wife Rosanna Galloway, to a deed of certain lands in the county of Wayne, in this state, wherof she was seized in her own right in fee, by the false pretence that the deed to which he desired her to affix her signature was a deed of lands belonging to him in the state of Illinois. The deed was executed by the wife, but was not acknowledged by her before any officer authorized to take the acknowledgment of deeds. The deed bore date 25th November, 1834; the wife died 7th Aug., 1835, and…
1Opinion of the Court
By the Court
Bronson, J.
It is objected that the indictment is insufficient, because it does not allege that the deed was acknowledged by the wife at or after the time that her signature was obtained. At the common law a feme covert could only alien her lands by fine or common recovery; but in this state she may alien by deed, acknowledged before a public officer, on a private examination apart from her husband. The statute expressly provides that no estate of a married woman shall pass by any conveyance not so acknowledged (1 R. S. 758, § 10). That an instrument purporting to be the deed of…
2Cited by20 opinions
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- Brazil v. StateSupreme Court of Georgia · 1903
- King v. StateCourt of Criminal Appeals of Texas · 1900
- Raymond v. PeopleColorado Court of Appeals · 1892
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