Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-09-16
Jhe 9stly 3ress and 9ststatas
YANkToN DAKOTA
tuesday Evening. Sept. rs, 1879.
OPINIONS OF THE SUPREME COURT.

OPINIONS OF THE SUPREME COURT.
PUBLISHED ny AUTHORITY.
=. q. SMITH. Reporter.
DECEMBER TERN, 1873.
A. WAMDoLE .. OBED FooTE.
sYLLABI.
!. Minor: Delegation Of power: At
common law = delegation Of power by .
minor was absolutely void. This rule of
the common law governed in this territory
until January 18th, 1856, when the legisla.
tive assembly, as declaratory Of it and af
il, enacted that, "a minor cannot
give q delegation of power" and this Sec
in this territory.
2. Revocation Subsequent marriage :
The subsequent marriage of . femme sole,
who has executed q power of attorney not
coupled with an interest, will AMOUNT to .
revocation of the power, "a TO all persons
notice of the marriage.
8. Potoer coupled Nth an interest: 10
. power coupled with an interest,
there must be an interest in the thing itself,
or In the subject of the agency ; aud. not
merely in the execution of the power.
4. Conveyance BY married uoman At
common Law: Under the statute: Certificate
Of acknowledgement: At Common Law q
femme corert had no power to pass her tree.
hold estate except BY levyipg q fine or suf-
fering q common recovery, and the record
Of the fine wa evidence of . private exam.
ination BY the court as to whether she did
it willingly and freely or BY compulsion of
her husband, and could not be contradicted.
Under our statute the certificate Of the Off.
Ger taking the acknowledgment takes the
place Of the record of examination in open
court, and the matters required to appear in
the certificate canno be proved by psrol,
but must appear by the certificate or record
made BY the officer AZ a part of the transac-
zion, at the time Of the acknowledgement.
5. Certificate Of officer: Essential to val.
idity of deed: 1t is not the fact of privy
examination, alone, but also the recording
or certifying of the fact, which makes the
deed eftectual to pass the estate of the mar.
ried woman.
G.. Certificate must show: Fatally defec.
tive: The certificate must show that che
acknowledges upon u private examination,
apart from her husband, that che executed
the instrument freely, and without any CON-
puision or fear of her husband. And 4 Ger.
ti6cate which only shows that the married
woman, upon an examination separate and
apart from her husband, acknowledged that
" she executed said instrument for the ex.
" press purpose of relinquishing all right Of
" dover in the premises conveyed" is fatal
10 AATA0tS.A A-A ~ >nA>A~ 5000 L. L..
deed +; nor was an acknowledgment thus de-
%fective, cured by the act Of January 9th,
1873.
Z. Pirate examination: Must be person
al: The private examination of . married
acknowledgment of her deed, is in its ma
cannot be represented by another.
s. Her porer to convey, depends upon the
mode Of its execution: The common law
disabilities of the femme covert are only re.
moved by q strict compliance With the eta
tute, as her power to convey her real estate
depends upon the mode of its execution.
9. Her deed not dolly acknowledged, a mere
suAity: The deed of a married woman not
acknowledged and certified in the manner
required by statute, is a mere nudity 10
equity a we'll as at Law, and cannot be treat
ed and enforced a. an agreement to convey,
especially where she receives no consider-
alton for the deed.
10. Tar sale: Notice: Under an ordi-
nance which requires that notice Of the sale
of real estate for non payment of city taxes,
shall be published "at least once q week for
" three consecutive weeks preceding the
" sale" publication for only twenty days is
insufficient. Such notice must be published
for at least tw%enty-one days previous to the
day advertised for the sale.
IL. Advertisement and sale in par GELS:
And where such ordinance requires that the
notice of sale shall contain q list of the
" real estate to be sold, and the amount Of
" city taxes due thereon, and or each lot
" part Of lot or parcel of real estate reapec.
" lively" the advertisement aud sale o.
three subdivisions or parcels of real estate
as one parcel, is not sufficient compliance
with the ordinance.
10. Iredsvrer's return of SALE: And
where the ordinance requires that the city
treasurer shall file with the city clerk . re
turn of the sale of real estate for non pay
ment of taxes, showing "the lots or parcels
i" Of real estate sold, the names of the pur
" chasers, and the sums paid by each fp
: each lot or parcel of real estate respective
Z" ly," . return which consists merely Of
copy of the advertisement, and the affidavit
Of publication, without giving the name o
the purchaser the time when nor the amour
for which the land was sold. is not a com
pliance with the ordinance.
IL. T'reasurer's tao deed: Recital o
acts showing . compliance with ordinance
Under On ordinance which requires tha
tho treasurer's tax deed shall recite tn
powers under which the same was made
and show . compliance with all the provi'
.siQna of the statute BY which the DOVE