Reports of Cases Decided in the Court of Appeal Volume 19

Reports of Cases Decided in the Court of Appeal Volume 19

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: ...her dealinrrs with her real 1 O estate to be by deed, and cannot be extended further. I think that the learned Chief Justice of the Queen's Bench Division was right in holding that the Etobicoke lands were not separate estate, and I am further of opinion that the Act of 1884-has, as regards these lands, no application to this case, which must be decided in the same way as if that Act had not been passed. If this had been separate property, it did not require the aid of the Act of 188% to enable her to convey it. Section 22 of that Act amends the Act to facilitate the conveyance of real estate by married women so as to dispense with the husband joining--in the same way as the previous Acts had dispensed with the examination of the married woman before two justices of the peace, but these formalities were never required in the case of separate estate. The rule had long been well established that a feme coverte acting with respect to her separate property, was competent to act in all respects as if she were a feme sole. These lands were acquired by a woman married before the passing of the Act of 1872, and according to the law laid down in Furness v. Mitchell, 3 A. R. 510, and Douglas v. Hutchison, 12 A. R. 110, which I think were well deci(led, these lands cannot be regarded as separate property, by which, as I understand, is meant that property over which the wife has complete and not partial control. But as to the Parkdale lands, these were separate property, and were bound by her general engagement unless something has been shewn to prevent that liability attach ing. I was at first on the argument inclined to think that these notes were in fact given in pursuance of the letter of the 23rd July, 1886, and that as that engagement was...
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Product details

  • Paperback | 252 pages
  • 189 x 246 x 13mm | 458g
  • United States
  • English
  • black & white illustrations
  • 1236786122
  • 9781236786128