 | 1880 - 1042 pages
...it, she has the other power incident to property in general, namely, the power of contracting debts to be paid out of it ; and inasmuch as her creditors...as the only means by which they can be satisfied." Nothing, therefore, can be more clear than that the general debts of a married woman must be paid oat... | |
 | 1841 - 550 pages
...that if she has a power to deal with it, she has 'he other powers incident to property in general ; and inasmuch as her creditors have not the means at...debts, a court of equity takes upon itself to give enect to them, not to personal liabilities, but by laying hold of the separate property as the only... | |
 | Edmund Robert Daniell - 1846 - 848 pages
...it, she has the other power incident to property in general, namely, the power of contracting debts to be paid out of it ; and inasmuch as her creditors...as the only means by which they can be satisfied." Acting upon this principle, Lord Cottenham referred it to the Master, to inquire what debts there were... | |
 | John Fraser Macqueen - 1849 - 512 pages
...but in exercise of . a right of proWas necessarily incident the power 01 contracting debts to perty. be paid out of it ; " and inasmuch as her creditors...as the only means by which they can be satisfied." From this last remark, it would appear, that the wife, whether she incurs a personal when dealing with... | |
 | George Spence - 1850 - 930 pages
...xi. Jur. 985 b. other *power incident to property in general, namely, the power of contracting debts to be paid out of it; and inasmuch as her creditors...as the only means by which they can be satisfied. "In this case," said Lord Cottenham, "the debt is proved: by her will she has charged her separate... | |
 | Sir Sydney Smith Bell - 1850 - 384 pages
...it, she has the other power incident to property in general, namely, the power of contracting debts to be paid out of it; and, inasmuch as her creditors...as the only means by which they can be satisfied." These observations seem to rest the liability of the separate estate of a married woman for her debts... | |
 | Richard Holmes Coote, Richard Coote - 1850 - 798 pages
...property, she has the other powers incident to property in general, viz., the power of contracting debts to be paid out of it, and inasmuch as her creditors...separate property as the only means by which they may be satisfied. (r) Very little is sufficient to create an actual charge upon the property. (s) Thus... | |
 | Richard Holmes Coote - 1850 - 766 pages
...property, she has the other powers incident to property in general, viz., the power of contracting debts to be paid out of it, and inasmuch as her creditors...separate property as the only means by which they may be satisfied (r). Very little is sufficient to create an actual charge upon the property (s). Thus... | |
 | John Adams - 1852 - 816 pages
...general, of incurring debts to be paid out of it 5 and enforces payment of such debts when contracted, not as personal liabilities, but by laying hold of...as the only means by which they can be satisfied, (h) The pin money trust is so far similar to that for separate use, that in both cases the property... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1857 - 722 pages
...of her debts which she had contracted to pay out of her separate estate, courts of equity undertook to give effect to them, not as personal liabilities,...separate property as the only means by which they could be satisfied. (2 Spence's Hist. of Eq. Jur. of Ck. 324.) The only difference between the separate... | |
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According to that view, the separate property of a married woman, being a creature of equity, it follows, that if she has a power to deal with it, she has the other power incident to property in general, namely : the power of contracting debts to be paid... 
