Judson

Secs. 1202 and 1203 of the Civil Code are as follows: “1202. When the acknowledgment or proof of the execution of an instrument is properly made, but defectively certified, any party interested may have an action in the District Court to obtain a judgment correcting the certificate.” “1203. Any person interested under an instrument entitled to be proved for record may institute an action in the District Court against the proper parties, to obtain a judgment proving such instrument.”

*486 The question here presented is, whether, under these sections, an action can be maintained to correct the notarial certificate of the acknowledgment by a married woman of the execution of an instrument purporting to convey her separate real property, made prior to the adoption of the Civil Code.

At the date the defective certificate was made, sec. 19 of the Act of April 16th, 1850, “ concerning conveyances,” declared the law: “ A married woman may convey any of her real estate by any conveyance thereof, executed and acknowledged by herself and her husband, and certified in the manner hereinafter provided, by the proper officer taking the acknowledgment.”

It was always held here that statutes…