A Treatise on the Legal and Equitable Rights of Married Women; As Well in Respect to Their Property and Persons as to Their Children Volume 1

A Treatise on the Legal and Equitable Rights of Married Women; As Well in Respect to Their Property and Persons as to Their Children Volume 1

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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. 1885 edition. Excerpt: ...of those debts, a court of equity takes it upon itself to give effect to them, not as personal liabilities, bl1t by W15 hold of the separate property, as the only means by which they can be satisfied.....1 observe that in Clinton 7). Willists" l 3 LiYI-& K. 223. Y Beavan' Brown v' Bamfor'l, Kl ' 5" as to this Johnson v. Ga1la-Ph. 620; Shattock v. Shattock, gher, 3 De Gex, F. & J. 494. 2 Equity' 186; Digby, _ Irvmo, tins 5 It is a dominion over her separate Chy-14-9; Peach-yr M' set' 276. estate, created by equity and controlled ' sllgden on Powers' 208. by its rules. Hanchet v. Bristow, 22 Thomas Plumer suggested a doubt whether it was necessary they should be secured by writing; and it certainly seems strange that there should be any dil'r'erence between a contract in writing, when no statute requires it to be in writing, and a verbal promise to pay. It is an artificial distinction, not recognized in any other case." 377. The distinction has likewise been taken, that as the general engagements of afeme covert are binding upon her separate estate, on the ground only of her intention that they should be a charge upon it, therefore, when it is not her intention to contract a. personal debt, or to charge a gross sum upon her separate estate, the court cannot raise an implied assumpsit to charge it in opposition to her intentions. Thus, in Williams v. The Duke of Bolton,1 where a married woman having separate property had sold an annuity charged upon that property, which annuity was void for want of a proper memorial, it was held that the grantee would not have an equity specifically to affect the fund clothed with a trust for the separate use of a...show more

Product details

  • Paperback | 318 pages
  • 189 x 246 x 17mm | 572g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236818806
  • 9781236818805