Los Angeles herald., 1892-07-13
OF GENERAL INTEREST.
A DECISION NOTABLE TO PROPERTY
OWNERS.
The Questions Arising from a woman's
Acknowledgements to a Deed.
Law Points Covered.

Judge CLARK of the superior court yes
terday rendered decision in the case of
Ramboz VS.. Stowell, which has an i'm
portant bearing on property disputes
under peculiar custodians. The opin-
ion, in substance, is as follows:
Suit to quiet title to tract OF land
corner of Tenth street and Grand
avenue, Los Angeles. On January IA,
1878, Margaret j. Starkey was owner
thereof and executed deed conveying
same to Helen L. Grinnell, for $l400.
Said Starkey was married woman, but
was living separate and apart from her
husband, who was residing in an east
ern state. There was evidence tending
to show she held herself out as q
widow.
On September 10, 1887, Helen Grin
nell, in consideration of $11 900 paid by
defendant, conveyed the property to de-
fendant, who has expended large snms
of money in grading same. On May 13,
1891, Margaret Starkey made volun-
tary conveyance OF said tract, there be-
ing no valuable consideration therefor,
to her daughter Jane Ramboz, who
brings this suit, and the claim is now
mads that the deed by Starkey
to Grinnell, supra, is void because
not acknowledged by the grantor as
required by statute. The certificate of
acknowledgment attached to said deed
is in the form of femme sole, but the
certificate is no part of the execution Of
the deed and if the acknowledgment
was actually taken in the manner re-
quired, if the grantor was made ac-
quainted with contents OF instrument
by the notary, without the hearing Of
ner husband, and she acknowledged to
him that she executed it and did not
wish to retract such execution, that fact
may be shown and the certificate re-
formed.
This the defendant claims was done.
The evidence is conflicting. The notary
before whom the acknowledgment was
taken testifies that the grantor Margaret
Starkey represented she was an unmar-
ried woman, but that he made her ac-
quainted with the contents of the
instrument, and she acknowledged she
executed it and did not wish
to retract such execution; that of
this he has no Independent recol.
lection, but is willing to swear positively
to the fact, because at that time it was
his invariable custom, out of an abun-
dance of precaution, to do so when TAX
ing the acknowledgements of any woman.
This the said Margaret Starkey denies,
and testifies the notary only asked her
if che acknowledged the execution OF
the instrument. The purpose of the
formalities required by the statute to
constitute valid acknowledgement by
a married woman ia to secure her free,
dom of will and action and protect her
against the coercion sot her husband !;
and while the statute applies though
the reason of the rule may have ceased,
yet where the reason of the rule has
ceased and it is manifest that the grantor
has acted voluntarily and has received
and retains valuable consideration for
her consideration, and is attempting to
perpetrate legal fraud by depriving the
purchaser of the fruits OF his purchase,
and the issue is prevented whether or
not the acknowledgement was in. due
form, the court should, think, resolve
every doubt as to which way the weight
of evidence preponderates, in favor Of
the grantee. The findings of the court,
therefore, upon this issue will be in
favor OF the defendant.