Crockett v. Doriot

Citations

• 85 Va. 240
• 3 S.E. 128
• 1887 Va. LEXIS 1

Syllabus

<p>1. Married Women—Contracts at common law.— It is a familiar rule of the common law that a married woman has no power to contract, and that her contracts are void. This incápacity is still the general rule.</p> <p>2. Idem—Separate estate—Contracts in equity.—The separate estate held by a married woman at the time of her contract is in equity bound for all debts expressly or impliedly charged thereon by her; but separate estate afterwards acquired by her is not so bound.</p> <p>3. Idem—Married woman's act—Contracts under.—By this act a married woman, if joined by her husband, has power to contract in relation to, or for the disposal of, her separate estate created by said act, and she may sue and be sued as a femme sole. But this act does not empower her to contract unless her husband joins her (except as to property acquired by her as a sole trader), or so as to bind the separate estate she may acquire after the time of the contract. Acts 1876-77, pp. 333-4.</p> <p>4. Idem—Case at bar.—In 1879 a married woman gave her note for merchandise. Afterwards she acquired lands, and suit was instituted to subject them to pay-the note.</p> <p>Held:</p> <p>The lands are not liable for the note.</p>