Harris' Lessee v. Burton

4 Del. 66

• Court: Superior Court of Delaware
• Decided: July 5, 1843
• Status: Published

Opinion

Court.

—The question now before the court is, whether a deed purporting to be the deed of husband and wife, acknowledged by the husband in the city of Philadelphia, in Pennsylvania, before a notary public of this State, and acknowledged by the wife before the same notary within the State can be read in evidence without proof of the execution. As to the acknowledgment of the husband, the question is whether George Frame, a notary public of this State can do an official act out of the State. The taking the acknowledgment of a deed is an official, perhaps a judicial act, and the authority of the public officer cannot extend beyond the limits of his appointment. George Frame is a notary public of the State of Delaware, appointed to act as such notary within the State, and his acts done out of the State are unofficial. The law makes provision for such acknowledgments out of the State, and there is no necessity any more than reason for extending the power of the notary beyond the limits of the State. But it is contended, that inasmuch as the lands belonged to the wife, and that her acknowledgment was taken before the notary within the State, that the deed is valid as to her. We think the policy as well as the letter of the law, requires that the husband shall

Wootten, for plaintiff. Cullen,, for defendant.

be a party to any deed in which a married woman binds hers ell/ This is for her protection, and it is a reasonable protection.

Deed ruled out, and the plaintiff nonsuited.