Drury v. Foster
Supreme Court of the United States
Foster, of Minnesota, being about, to- engage in some enterprise, and wanting money, asked bis wife, wbo owned, in ber separate right, a valuable tract of land in tbat State, to mortgage it for bis benefit. - "Wbat exactly was said or promised did not appear.
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Foster, of Minnesota, being about, to- engage in some enterprise, and wanting money, asked bis wife, wbo owned, in ber separate right, a valuable tract of land in tbat State, to mortgage it for bis benefit. - "Wbat exactly was said or promised did not appear. However' Foster afterwards went to a notary, wbo exercised, as it seemed,.tbe business of a scrivener also, and directed bim to draw a mortgage of tbe property, with bimself and wife as mortgagors, but leaving the .name of the mortgagee, and the sum for which the land was mortgaged, in blank. This tbe magistrate did. Foster acknowledged…
1Opinion of the CourtJustice Nelson
By the laws of Minnesota, an acknowledgment of the-execution of a deed before the proper officers, privately and apart from her husband, by a feme covert, is an essential prerequisite to the conveyance of her real estate or any interest therein. And she is'disabled-from executing or acknowledging á deed by procuration, as she cannot make a power of attorney. These disabilities exist by statute and the common law for her protection, in consideration of her dependent condition, and to guard her against undue influence and restraint.
Now, it is conceded, in this case,-that the instrument Mrs.…
2Cited by51 opinions
- Allen v. WithrowSupreme Court of the United States · 1884
- Stone v. BrownTexas Supreme Court · 1881
- State v. YoungSupreme Court of Minnesota · 1877
- Hitz v. JenksSupreme Court of the United States · 1887
- Ragsdale v. RobinsonTexas Supreme Court · 1877
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