Hensley v. . Blankinship

94 S.E. 519, 174 N.C. 759, 1917 N.C. LEXIS 190

• Court: Supreme Court of North Carolina
• Decided: December 12, 1917
• Status: Published

Opinion

Allen, J.

There are several exceptions in the record, but there are two principles that are decisive of the appeal upon the facts that are not in dispute.

The first is that a deed must be complete when delivered (Butler v. Butler, 169 N. C., 589); and the second, that the deed of a married woman purporting to convey her land is not valid unless signed and acknowledged by her husband. Graves v. Johnson, 172 N. C., 177.

The statute and the authorities applicable to the last question are reviewed in the case cited, and it is needless to extend the discussion further, except to say that the decision proceeds upon the idea that while the Constitution says a married woman may convey her land with the written assent of her husband, as if unmarried, it is still within the power of the General Assembly to prescribe the form which will furnish evidence of such assent, and that the statute (Revisal, sec. 952) requires that the deed shall be signed by the husband and acknowledged by both husband and wife.

It follows, therefore, as the paper-writing signed by the wife was neither signed nor acknowledged by the husband at the time of its delivery, it did not operate as a conveyance, and that his Honor might have instructed the jury to answer the issues in favor of the plaintiffs in any aspect of-the evidence.

No error.