Drury v. Foster

U.S. Circuit Court for the District of Minnesota

Drury v. Foster

7 F. Cas. 1118, 1 Dill. 461

CourtU.S. Circuit Court for the District of Minnesota

DecidedJuly 1, 1862

StatusPublished

This text of 7 F. Cas. 1118 (Drury v. Foster) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Drury v. Foster, 7 F. Cas. 1118, 1 Dill. 461 (circtdmn 1862).

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Opinion

An elaborate opinion was delivered (after-wards affirmed by the supreme court of the United States,—Drury v. Foster. 2 Wall. [69 U. S.] 24), in which it was held (dismissing the bill as to the wife) by

NELSON, District Judge.

1. Under the statute of Minnesota, above copied, a certificate of the officer as to the due acknowledgment of a deed or mortgage is not conclusive; and parol evidence may be received to show that when the instrument was executed and acknowledged by the wife, there were material blanks left therein, which were after-wards filled up.

2. Under the statute of Minnesota, above mentioned, a married woman can pass her real estate or bar her dower only by executing and acknowledging the deed; and a deed void when acknowledged by the wife by reason of containing material blanks, cannot be ratified by subsequent consent on her part, unless given in accordance with the statute, viz.: by a re-acknowledgment of the instrument

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An elaborate opinion was delivered (after-wards affirmed by the supreme court of the United States,—Drury v. Foster. 2 Wall. [69 U. S.] 24), in which it was held (dismissing the bill as to the wife) by

NELSON, District Judge.

1. Under the statute of Minnesota, above copied, a certificate of the officer as to the due acknowledgment of a deed or mortgage is not conclusive; and parol evidence may be received to show that when the instrument was executed and acknowledged by the wife, there were material blanks left therein, which were after-wards filled up.

2. Under the statute of Minnesota, above mentioned, a married woman can pass her real estate or bar her dower only by executing and acknowledging the deed; and a deed void when acknowledged by the wife by reason of containing material blanks, cannot be ratified by subsequent consent on her part, unless given in accordance with the statute, viz.: by a re-acknowledgment of the instrument

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Bluebook (online)

7 F. Cas. 1118, 1 Dill. 461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drury-v-foster-circtdmn-1862.