Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1839-02-28


ity TO sell he could not have such authority
unless there were judgement and execution.
The following authorities have been hastily
They might be greatly multiplied
Deed made by .tems covert, (marrled woman,
which purpors to convey her estate in lands,
is uojd unless it be executed in conformity
with the mode prescribed by the statute r..
3q8
[6 J. J. Marshalrs (Ky9 Rep. p 532. Peters
The mode Of relnquishing dover, or convey
ing estate by teme c,rert, is nm innovation upon
the common law, and moreover prescrbcs the
mode in which person may convey, who was
before disabled 10 convey. 1t is clear, there
fore, Don well established prime pies, he law
must be strictly pursued. As we do not pursue
il, if we rary from it, it follows that convey
ancerhud by n married woman is invqid, un-
less made and certified according TO the s'a'ule,
Tucker'S Commentaries, p, $3.50
A statutory deed is Intellectual, unless made
in the manner prescribed by the statute. This
is particularly The case where deeds are made
by virtue of the orders Of the Probate Court.
In such case, the court acts mlnlSIeriaIIy; its
only power is derived from the statute, and
its ac will be void, if they be moi
coniormabo to The statute.
n MarshaiFS Rep. p. go.
Sherif's deed cannot be given in evidence
withoo; producing the Judgment and execution,
or certified copy.
II Peters Circuit Court Rep. p, "a.
A deed of lands, executed by husband and
wife, but containing no words OF grant by the
wife, does not convey her estate in the land,
nor her right of dover. 3 Mason, p. 347.
Persons whose rights and interests are affec-
ted by an authority to sell, are not concluded by
the sale, unless every essential direction and
requisite of law in this respect have been fully
and faithfully complied with.
Massachusetts Rep. p. 438.
An instrument, purporting to be executed by
an attorney in fact, is not admissible in evil
dence, until the power ofatiorney is produced
and proved. Lessee Of James Us. Gordon, ]
Wash. Circuit Court rel orts, p. 1888.
A power to convey lands must possess the
same requ!sitss, and observe the same solemnI-
ties, as are necessary in a deed directly convey
ing the lands.
fClarke ct al Us. Graham, 6 Wheat. 277.
A conveyance by power of attorney should
be in the name of the principal.
r. NJ SSlchHSettS rep. p. 10.
As TO DowER-Thc laws of this State give
n woman dover in all the lands of which her
husband died seized and possessed, or had be-
fore conveyed, whereof she had not relinquish.
ed her dover, as provided for by law.
ReUiSed Code, p. $50, sec. |.
The Supreme Court Of this State has decided
that dover may be claimed in lands for which
the certificate only has ssued.--Wa Re-
ports, p. 247.] Identified TO dover upon issu-
ance oIcertfcate, Tor receipt,) any subsequent
transfer, according 10 forms prescribed by the
government of the United States, resulting in
the issuance Of the patent TO the transierce,
cannot divest the right originally acquired.
The inquiry is not how long it was held by the
husband, or for what purpose he purchased II;
but it is, did he purchase at all, and was the
certificate issued to hIm' because, II so, the
richt of dover attached, co Instant, the pur-
chase was made and still adheres, though the
husband may have transferred II the next hour.
The wife of each holder, under the U. States,
is therefore entitled to dover in the lands held
by her husband, unless she has rellnqulshed II
in the manner provided for by law. 1t will be
seen. from the authorities referred to, that the
signing by feme cocert, OF deed made by her
husband, does not convey her dover; she IS IN
fact no party to the decd. 1t will also be seen,
by reference to the 10Th section of the act re-
specting conveyances. Revised Code, p 457,)
that the provision is prohlbilory; that is, 1t de-
clares that no estate OF feme covert, IN lands
&c. shall pass by her deed or conveyance, un'
less, upon private examination, she shall ac,
knowledge she "Sgned, sealed and delivered,
e,c-The practice, therefore OF taking ac'
acknowledgements Of relinquIshmonts, by inc
wife. TO deeds 10 which she is no party, IS loun
IdeI in misconcepton Of the Law, which re-
ouires the concurrence of the deed and the ac
IknowIerement. The deed cannot be the &C
acknowledgement. nor can the ACKNOWLEDGEMENT
be the deed, but both must coexiSt anu con
cur. 1t is easy to turn to the SAID l9th sec
ton, after the deed is made, and make me ce'
rGcate of acknowledgement IN conformity 10
Iit: and it has the decided advantage OF Oeln5 TIC
only right mode of doing It,
SIXTEENTH SECTIONS are occasionally olc'oo
10 secure subscriptions for stock, ana II may
be well to give The reasons upon "ii'cn ,r Ihoy
have. in every instance, been rejected, hei
amount only to "1ease for gears" The he, Al Al
section of the original charter OF the BANK &c
clares that "owners olredl estate situated III ''''
State of Mississippi shall be the only person rs :.
entitled to subscribe;'' from which ii is to b,
inferred that, although portion OF the s'oc'
may be secured by mortgage on Saves ye
that "rcaI estate" is to be the basis oil the SUP
;,,;o,, l. Tho, n SIlease for years" rea