Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-09-17

who has executed spower of attorney not
coupled with N intsrsat, will smount 70
revocation Of the power, - 70 all persons
having notice OF the marriage.
3. Pospe covpled with an interest: To-
constitute . power coupled With an interest,
there must 30 an interest in the thing Itself,
or in the subject Of the agency /; and not
merely in the execution Of the power.
4 Conveyance. BY. married sOoao~ At
common LaW: Under tie statute: Certificate
Of acknowledgement: Al Common Law 81
Jeanne covert had no power to Pass her free
hold estate except BY levying . fine or suf-
fering Q common recovery, and the record
OF the iue was evidence Of . private exam
ination BY the court ~ to whether she did
it willingly and freely or BY compulsion of
her husband, aud could not b oontradicted.
Under our statute the certificate Of the OH
Ger taking the acknowledgment takes the
place Of the record Of examination in open
court, and the matters required 70 appear in
the certificate cannot DO proved BY parol,
made by the officer as a part of the transac-
ton. at the time Of the acknowledgment.
5. Certificate Of officer: Esseatial to rat
iidiy of deed: It Is not the fact of privy
examination, alone, but also the recording
OF certifying Of the fact, which makes the
deed e6ectual TO pass the estate of the mar.
ried woman. -
8. Certificate must show: Fatally defec-
tise: The certificate must show that she
acknowledges upon . private examination,
apart from her, husband, that she executed
the instrument freely, and without any COM
puision or fearof her husband. And = 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 ell right Of
" dover in the premises conveyed" is fatal
~ defective, and no estate passes by her
deed nor was an acknowledgment thus de-
%fective, cured by the act Of January 9th,
1873.
Z. Private e~ramination: Must be person.
al: The private examination of = married
woman required By the statute, upon the
acknowledgment of her deed, is in its ma
ture personal, aud is q matter in which she
cannot be represented BY another.
8. Her powcr to convey, depesds upon the
mode of its execution: The common law
disabilities of the femme corert are only re.
moved by . strict compliance With the eta
tute, Is her power to convey her real estate
depends upon the mode of its execution.
9. Her deed not dxly acknowledged, a mere
auNay: The deed of a married woman not
acknowledged and certified in the manner
required by statute, is a mere nullity in
equity Is 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. 81
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 : week for
/" three consecutive weeks preceding the
sale,n publication for only twenty days is
insufficient. Such notice must be published
for at least %twenty-one days previous to the
day advertised for the sale.
II. Advertisement aad sole in par GELS:
And where such ordinance requires that the
notice of sale sshall contain . list of the
" real estate to be. cold, and tho amount. of
| g. city taxes due thereon, and IN each lot,
" part Of lot or parcel of real estate reapec-
" lively the advertisement and sale Of
three subdivisions or parcsls of real estate
Is one parcel, is not sufficient compliance
with the ordinance.
IL. 1reasxrers return of sals:f And
where the ordinance, requires that the city
treasurer shall file with the city clerk . re-
turn of the sale Of realsestate for non pay.
ment of taxes, showing "'the lots or parcels
of real estate sold, the names of the pur-
" chasers. and the sums paid by each for
eacn lot or parcel OF real estate respective
" ly," . return which eonsists merely Of a
copy Of the Advertisement, and the affidavit
II. ss..Ls. 49,. fa..se .1s nsue =.
INC Pu!cna:eEssaot smo Wnen NOE tue amount
for which the land wss sold. Ia not q COM
Ia Tnsa.ns.s,. ~. S..,. p..,
~. 10 ,..a" a' .os,. ~ ~. 1890 ~
qfsass = i .rsp.se, 1h, -" Wu.ns &c:
I = ~ ~" s.ss ~. IH4u..H. 'us.
,oo "nS.. .h;.h 4 ..a. ' .o.''e .he
pO"ese uo~eA 1ss ~ esua0 VS. uasue,