Legal Opinion

Wedel v. Herman

California Supreme Court

Decided October 15, 1881No. 7,791PublishedCited by 20 opinions

Appeal by the defendant Herman from a judgment for the plaintiff, and from an order denying a new trial, in the Superior Court of the County of San Diego. McNealy, J. The complaint contains-two counts.

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Appeal by the defendant Herman from a judgment for the plaintiff, and from an order denying a new trial, in the Superior Court of the County of San Diego. McNealy, J. The complaint contains-two counts. In the first count it is in substance alleged, that the plaintiff is and for more than four years last past has been seised and possessed, by a title in fee simple, of a certain lot of land situate in the City of San Diego, known as lot “G,” etc.; that the defendants, and each of them, claim some estate and interest in the premises adverse to the plaintiff; that the said claims of the…

1Opinion of the Court

McKee, J.:

The main question in this case is, whether a defective certificate of acknowledgment to the deed of a married woman, purporting to transfer her .separate real property, can he reformed in a Court of equity ?

In exercise of power granted by the Constitution of 1849, the first Legislature of the State enacted a law for regulating the mode of transferring or incumbering the separate real or personal property of a married woman. By Section 19 of an Act entitled “An Act concerning conveyances,” passed April 16, 1850, it was provided that a married woman may convey any of her real estate…

2Cases cited3 opinions

  1. Gale & Elliott v. Tuolumne Water Co.California Supreme Court · 1859
  2. Leonis v. LazzarovichCalifornia Supreme Court · 1880
  3. Bours v. ZachariahCalifornia Supreme Court · 1858

3Cited by20 opinions

  1. Lake v. BenderNevada Supreme Court · 1884
  2. Hutchinson v. AinsworthCalifornia Supreme Court · 1887
  3. Horbach v. TyrrellNebraska Supreme Court · 1896
  4. Anthes v. AnthesIdaho Supreme Court · 1912
  5. Tanner v. Provo Bench Canal & Irrigation Co.Utah Supreme Court · 1911

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