Bernhart v. Mitchell

Citations

• 5 Sadler 391
• 7 A. 283

Syllabus

<p>Where a wife claiming as her own, in sheriff’s interpleader, personal property taken in execution by her husband’s creditors as his property, relies for her title on desertion by her husband and her subsequent acquisition of the property under the act. of May 4, 1855, in course of the trade in which she engages, the question of desertion is one of fact for the jury.</p> <p>Property acquired in carrying on a business by a married woman, whose husband neglects or refuses to provide for her, is her own, under the act of 1855, and is not liable to execution for her husband’s debts, although the basis of the credit upon which she commenced business was a policy of insurance on her husband’s life assigned by him to her creditor, she paying the premiums out of the business; and although she used property belonging to the husband in the conduct of the business.</p>