Chaffe & Bro. v. Oliver
United States Circuit Court
Mrs. Oliver owned, and, with her husband, lived upon, certain lands, which were her separate property and estate under the statute. Oliver, her husband, conveyed these lands to a trustee to secure a debt due from him to the plaintiffs. His wife signed this conveyance, but her acknowledgment was defective. The trustee in the deed sold the lands under the deed of trust to the plaintiffs, and executed to them a deed therefor.
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Mrs. Oliver owned, and, with her husband, lived upon, certain lands, which were her separate property and estate under the statute. Oliver, her husband, conveyed these lands to a trustee to secure a debt due from him to the plaintiffs. His wife signed this conveyance, but her acknowledgment was defective. The trustee in the deed sold the lands under the deed of trust to the plaintiffs, and executed to them a deed therefor. After the sale of the lands Oliver leased them from the plaintiffs. According to the terms of that lease the plaintiffs are entitled to the possession of the lands, as…
1Opinion of the Court
Caldwell, D. J.
The learned counsel for the plaintiffs concede Mrs. Oliver’s acknowledgment of the deed of trust is fatally defective. On the showing made Mrs. Oliver ought to he admitted to defend the suit. Lewis v. Brewster, 57 Pa. St. 410; Johnson v. Fullerton, 44 Pa. St. 466; Gantt’s Digest, §§ 4481-2. In the deed conveying the lands to Mrs. Oliver the grantor declares the conveyance is “a gift of said lands which I make to my daughter as a portion of my estate, hereby intending to vest in her a separate proqoerty under the laws of Arkansas.”
The grantor obviously intended to limit the…
2Cases cited2 opinions
- Trieber v. Stover & Co.Supreme Court of Arkansas · 1875
- Allen v. HightowerSupreme Court of Arkansas · 1860