Roberts v. McIntire
Supreme Judicial Court of Maine
Agreed statement. Real action, in which the facts are stated in the opinion. Deed, at common law inoperative and void. Legislature did not intend by subsequent acts that a joinder should bear any other than its accepted signification. Brown v. Wood, 1 Met. 542; Lithgow v. Kavenagh, 9 Mass. 161; Lufkin r.- Ourtis, 13 Id. 223; Learned v. Gutter, 18 Pick. 9. In statute 1841, c. 17, the two words "joinder or assent” are used.
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Agreed statement. Real action, in which the facts are stated in the opinion. Deed, at common law inoperative and void. Legislature did not intend by subsequent acts that a joinder should bear any other than its accepted signification. Brown v. Wood, 1 Met. 542; Lithgow v. Kavenagh, 9 Mass. 161; Lufkin r.- Ourtis, 13 Id. 223; Learned v. Gutter, 18 Pick. 9. In statute 1841, c. 17, the two words "joinder or assent” are used. The latter word is omitted in all subsequent legislation. Parties bound by their recitals. The' law will not make an exposition against the express words and intent of…
1Opinion of the CourtWhitehouse, J.
This is a writ of entry. The plaintiff derives title under a deed from Mary. D. McIntire, wife of William H. McIntire, to Elbridge Randall,, dated November 3, 1879. The defendants are heirs of Mrs. McIntire and contend that this deed was inoperative because the husband did not join in it.
Under our statutes real estate directly or indirectly conveyed to a married woman by her husband, or paid for by him, or given or devised to her by his relatives, "cannot be conveyed by her without the joinder of her husband.” R. S., c. 61, § 1.
The property in question was directly conveyed to Mrs. McIntire…
2Cases cited2 opinions
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- Pease v. BridgeSupreme Court of Connecticut · 1881
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- Monk v. MortonSupreme Judicial Court of Maine · 1943
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- Peter v. ByrneSupreme Court of Missouri · 1903
- Driskill v. AshleySupreme Court of Missouri · 1914
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