Catlin v. Ware
Massachusetts Supreme Judicial Court
This was a writ of dower, to which the tenant pleaded in bar, — 1st. That the demandant’s husband, Joseph Catlin, was never seised, &c., on which issue was joined. 2d.
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This was a writ of dower, to which the tenant pleaded in bar, — 1st. That the demandant’s husband, Joseph Catlin, was never seised, &c., on which issue was joined. 2d. That the said Joseph, being seised in his demesne as of fee, on the 28th day of March, 1793, by his deed of that date duly acknowledged, &c., for a valuable consideration, bargained and sold the same land, in which the demandant claims her dower, to one David Horton in fee simple; and that the said Abigail, by the consent of her husband, for the consideration in the said deed expressed, and also of one dollar paid her by the…
1Opinion of the Court
Curia.
Two objections, made to the deed read in evidence at the trial of this cause, have been replied to by the counsel for the tenant.
As to the second — the want of an acknowledgment by the wife — we think an acknowledgment unnecessary in the case. One party to a deed acknowledging it gives notoriety to it, and that is the whole that is necessary, (a) Though a deed be acknowledged and recorded, yet, on the issue of non est factum, the execution of the deed is still to be proved, as if it had not been acknowledged, (b) Neither was an acknowledgment by the wife necessary in order to *201make the…
2Cases cited2 opinions
- Lufkin v. CurtisMassachusetts Supreme Judicial Court · 1816
- Dudley v. SumnerMassachusetts Supreme Judicial Court · 1809
3Cited by46 opinions
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Townsend v. CorningNew York Supreme Court · 1840
- Cordano v. WrightCalifornia Supreme Court · 1911
- Dooley v. VillalongaSupreme Court of Alabama · 1878
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