Samuel Blatchford

“ In the first case the title of the defendant depended, as it does here, upon the validity of a power of attorney executed and privily acknowledged by the wife, authorizing the husband to sell and convey her separate property, and the validity of a deed made by the husband under the power, acting for himself and his wife; the deed being executed, by him without her privy acknowledgment thereof. In its opinion the court said: 'A deed or power of attorney signed by the wife alone is not such an instrument as the statute makes effective to pass her estate. ”

“ Said power of attorney did not vest in the husband any authority to act for the wife in executing deeds to her separate property; such a power being inconsistent with, and in contravention of, our statute requiring the signature and privy acknowledgment of the wife, joined by her husband, to convey such property. ”

“ The decisions under similar statutes have been uniform in holding the separate conveyance of the wife invalid, notwithstanding it may have been clearly shown that she acted with her husband's assent,' citing several decisions. ”