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77 Cal. 89

Carlton v. Williams

California Supreme Court

Decided September 22, 1888

California Supreme Court · decided 1888-09-22

<p>Mabbied Woman — Acknowledgment—Lease.—A lease from a married woman must be acknowledged.</p> <p>Id. — Acceptance of Rent. — The acceptance of rent by the married woman creates, at most, a tenancy which is determinable by notice.</p>

Cited by 2 later decisions — most recently March 1894

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1888-09-22

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Hayne, C.

¶1Action of ejectment. The defendant claims the right to the possession under a lease. The lease was from a married woman, and was not acknowledged. The argument is that a lease by a married woman is not one of the instruments which are required to be acknowledged. We see no merit whatever in the argument.

¶2The fact that rent was accepted did not validate the lease, but at most created a tenancy terminable by proper notice; and it was so terminated.

¶3The findings are sufficient.

¶4We therefore advise that the judgment be affirmed, with fifty dollars damages.

¶5Foote, 0., and Belcher, C. C., concurred.

The Court.

¶6For the reasons given in the foregoing opinion, the judgment is affirmed, with fifty dollars damages.

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