Christian & Gunn v. Keen

Citations

• 80 Va. 369
• 1885 Va. LEXIS 75

Syllabus

<p>1. MARRIED WoMEN-Se~araie Esiale-Alienalion.-A wife may make her separate estate liable for the debts of herself, her husband or any other person, unless the instrument creating the estate, expressly or impliedly, denies or limits such power, but the intention so to deny or limit must be clear. Bain & Bro. v. Buff 70 Va. 371.</p> <p>2. thEM-Conveyances for advances to Jznsband.-Where real estate i~ granted to a trustee for separate use of married woman, free from he husband's debts, to be disposed of upon her written request, for rein vestment, the proceeds to be held for her benefit upon like restrictions and she, her husband and her trustee unite in deed conveying the prop erty to secure advances of money to be made by another to her hus band, she has the power of alienation, and the grant of special powei to dispose of the property in a particular manner, does not divest he~ of her general power to dispose of it in any other manner. Finch v. Marks. 76 Va. 207.</p> <p>3. IDEM-SeUlement to secure Jzorne.-But where the settlement is not only to provide, but to secure a home for the wife and her children, the intention is manifest to withhold the power of alienation. Bank of Greensboro y. chambers, 30 Gratt. 202.</p> <p>4. PRINCIPAL AND SURETY-Change of contraci~-Surety is discharged by any change of contract, however immaterial, if made without surety's consent. Dey v. Martin, 78 Va. 1.</p> <p>5. MARRIED WoMEN-Husba~'id-Surety.-Where the wife charges her property to secure a debt of her husband, she becomes the surety of her husband, and is entitled to all the rights of a surety. Nermcewicz v. GrJzn, 3 Paige, 614.</p> <p>6. NEGOTIABLE I NSTRU~IENTS-Accefttance-Paymen1.-Payment, not ac- ceptance merely, entitles acceptor to sue the drawer. Braxton v. Willing, Morris & Co., 4 Call, 288.</p> <p>■ 7. Case at Bar. — A credit on the account of the principal debtor should discharge pro tanto the lien on the surety’s estate.</p>