70-20-316. Deeds made prior to 1900 -- presumption grantor had no wife. When a deed to real property has been made, executed, and acknowledged prior to the year 1900 by a grantor without recital in the body of the deed or acknowledgment as to whether or not the grantor is married or single and the wife of the grantor, if any, not joining in the conveyance or otherwise releasing or conveying the wife's dower, the presumption is that the person conveying the land had no wife living at the date of conveyance and that the land was conveyed free of all right of dower, inchoate or vested.
History: En. Sec. 1, Ch. 183, L. 1945; R.C.M. 1947, 39-131; amd. Sec. 2152, Ch. 56, L. 2009.
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