Mortgages in California a Practical Essay
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See <$ 54-57. Pease v. Barbiers, 10 Gal. Rep. P. 436. That for the homestead must be taken before the officers named in sec. 4 of said act, quoted in 53 ; but for that of separate property, the officers are expressly named by other acts, see M 57, 58. b Wood's Digest, art. 2605, et seq. c The capacity of the wife being created by the constitution, her title to 46 MORTGAGES IN CALIFORNIA. By sec. 6, as amended in 1858, it has been provided that no sale or other alienation of any part of the separate prop- erty of the wife can be made, nor any lien or encumbrance created thereon, unless by an instrument in Writing, signed by the husband and wife. A 77. It has been further provided by act of Feb. 14, 1855: b "Sec. 1. That a married woman of legal age shall have power to convey and transfer lands or any estate or interest therein, vested in or held by her in her own right, as fully and perfectly as she might or could do if single or unmarried; provided, the husband of such married woman be not, and for one year next preceding the execution of the instrument of conveyance by the wife, has not been bonafide residing in this State.
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To quickly assess the difficulty of the text, read a short excerpt:
See <$ 54-57. Pease v. Barbiers, 10 Gal. Rep. P. 436. That for the homestead must be taken before the officers named in sec. 4 of said act, quoted in 53 ; but for that of separate property, the officers are expressly named by other acts, see M 57, 58. b Wood's Digest, art. 2605, et seq. c The capacity of the wife being created by the constitution, her title to 46 MORTGAGES IN CALIFORNIA. By sec. 6, as amended in 1858, it has been provided that no sale or other alienation of any part of the separate prop- erty of the wife can be made, nor any lien or encumbrance created thereon, unless by an instrument in Writing, signed by the husband and wife. A 77. It has been further provided by act of Feb. 14, 1855: b "Sec. 1. That a married woman of legal age shall have power to convey and transfer lands or any estate or interest therein, vested in or held by her in her own right, as fully and perfectly as she might or could do if single or unmarried; provided, the husband of such married woman be not, and for one year next preceding the execution of the instrument of conveyance by the wife, has not been bonafide residing in this State.
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You can find similar books in the "Read Also" column, or choose other free books by James De Fremery to read online
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