Connell v. Connell
Ohio Supreme Court
This cause was adjourned for decision, in the court’in bank, from the county of Belmont. It was a bill in chancery, in which the complainant claimed dower of the defendant in real estate sold by her husband, now deceased, in his lifetime, and conveyed to the-defendant. The matter reserved arose upon the form of acknowledgment in a deed.
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This cause was adjourned for decision, in the court’in bank, from the county of Belmont. It was a bill in chancery, in which the complainant claimed dower of the defendant in real estate sold by her husband, now deceased, in his lifetime, and conveyed to the-defendant. The matter reserved arose upon the form of acknowledgment in a deed. This acknowledgment was in these words : “Personally came John Connell and Eleanor his wife, before me, John Barrett, one of the justices of the peace for said county, and acknowledged the within indenture to be their voluntary act and deed, for the purposes…
1Opinion of the Court
*Lane, judge,
delivered the opinion of the court:
The certificate of acknowledgment, in this case, does not state ¡that the wife, the present complainant, was made acquainted with ¡the contents of the deed; nor does it state that she sealed and deilivered it, unless this can be gathered, by implication, from the terms “she acknowledged the within indenture to be her act and -deed,” which acknowledgment she is certified to have made conjointly with her husband.
The statute of 1805 regulates the acknowledgment of this deed. A construction was given to this statute, in the case of Brown v. Farran,…
2Cited by2 opinions
- Lessee of Barton v. Heirs of MorrisOhio Supreme Court · 1846
- Jackson ex dem. Loucks v. ChurchillNew York Supreme Court · 1827