Bradford v. Greenway, Henry & Smith

Citations

• 17 Ala. 797

Syllabus

<p>1. The- remedy in equity against the wife, to charge her separate estate with the payment of debts contracted by her j'oin.tly with her husband, is independent of the legal remedy against the husband, and may be resorted to, although such legal remedy has not been exhausted.</p> <p>2. Where the deed, by which property is settled to the separate use of a married woman, provides that she shall have “the complete control of it as though the marriage had never taken place,” and contains no restraint on alienation, she is to be deemed in a court of equity, with respect to such property, as feme sole, and may, by her agreement freely entered into,’charge it for the payment of her husband’s debts.</p> <p>3. Where the annual proceeds of the -separate estate of a married woman are insufficient to discharge, within areasonable time, a debt with which such estate is chargeable, the chancellor may properly decree a sale of the property itself.</p>