Potter v. Steer

Backes, V. C.

This is a bill to foreclose a deed of mortgage given by a married woman, on her separate estate, to secure her husband’s obligation. The defense is that the instrument was not acknowledged by her as required by the statute, and that the certificate of acknowledgment, in due form, attached to the document and executed by a New York notary, is untrue. It is settled law that a statutory acknowledgment, duly certified, is an essential part of a married woman’s deed to convey her lands. Brady v. McHugh, 94. N. J. Eq. 336. Section 39 of the act concerning conveyances as amended (P. L.…