Horace Gray, Hitz v. Jenks (123 U.S. 297) — Opinion of the Court
“ On the other hand, the alienation of land by deed of husband and wife, with her separate examination and acknowledgment, is, in form as well as in fact, a conveyance by the parties, and therefore does not, even if the acknowledgment is certified by a magistrate in the form prescribed by statute, and recorded, bind a wife who, by reason of infancy or insanity, is incapable of conveying. ”
Horace Gray, Hitz v. Jenks (123 U.S. 297) — Opinion of the Court
“ It is perfectly immaterial whether there be an acknowledgment or privy examination in fact or not, if there be no record made of the privy examination; for, by the express provisions of the law, it is not the fact of privy examination merely, but the recording of the fact, which makes the deed effectual to pass the estate of a feme covert.' Elliott v. Peirsol, 1 Pet. 328, 340.That the magistrate's certificate, when made in the form required by the statute, and duly recorded, is conclusive evidence that he has performed his duty, has not been directly adjudged by this court ”
Horace Gray, Hitz v. Jenks (123 U.S. 297) — Opinion of the Court
“ The reasonable, if not the necessary, conclusion is, that, except in case of fraud, the certificate, made and recorded as the statute requires, is the sole and conclusive evidence of the separate examination and acknowledgment of the wife. ”
