EJECTMENT. The land in question, had been devised to the plaintiff, then a feme sole, by her father; she afterwards married, and together with her husband, executed a deed, under which, the defendant claims: the husband soon afterwards died. There was no indorsement on the deed purporting that the wife had been privately examined with respect to her consent; nor could any record to that effect be found.
Oral proof of the examination of a feme covert, refused.
The defendant offered one of the Justices of the court to prove that he had received the examination of the feme; but,
By
The Court.
What is done in court, can only be proved by the records of the court; and though the act does not expressly require the woman’s acknowledgement to be put into writing, or to be recorded, yet it is required that it should be made in court, and received by a member of the court. The evidence therefore cannot be received.
Verdict for the Plaintiff.