by John Marshall Harlan

“ If she acknowledged if before the husband, it is presented to him with the wife's signature and acknowledgment, and he has only to refuse to acknowledge.' We are of opinion that, equally under the Ohio and Virginia statutes, a deed by the husband and wife conveying the latter's land is inoperative to pass her title unless the husband, she having duly acknowledged the deed, should, in her life-time, and by an acknowledgment in the form prescribed by law, signify his assent to such conveyance. ”

“ While it may not have been necessary that they should acknowledge the deed at the same time, or upon the same occasion, or before the same officer, the statute of Virginia, upon any fair interpretation of its words, and having regard to the policy which induced its enactment, must be held to have required that the acknowledgment of the husband should occur in the life-time of the wife, while she was capable of asking his consent to the conveyance of her lands. ”