Duval & Wife v. Chelf & Co.

Citations

• 92 Va. 489
• 23 S.E. 893
• 1896 Va. LEXIS 7

Syllabus

<p>1. Pleading&emdash;Declaration on Contract of Husband and Wife.&emdash;In an action against a married woman and her husband upon a contract made by them during coverture in the year 1886, where it appears on the face of the declaration that the defendants are husband and wife, it is necessary that the declaration shall aver not only that the wife made the contract sued on, but also to aver such a state of facts as will show that her promise was such a one as by the statute she had power to make.</p> <p>2. &emdash;Separate Estate&emdash;Action Against Wife&emdash;Personal Judgment&emdash;Effect of Judgment.&emdash;If a married woman at the time of contracting a debt, in 1886, had a statutory separate estate, and intended to charge it with the payment of the debt, she may be sued on it in a court of law, and a personal judgment may be rendered against her under the provisions of sections 2289 and 2298 of the Oode. And although the plaintiS may now obtain a personal judgment against her, he can only subject to its payment such separate estate as she owned when the contract was made, or so much thereof as is owned by her when the lien of the judgment and execution thereon attaches.</p> <p>3. Separate Estate&emdash;Intention to Charge&emdash;Presumption.&emdash;When a married woman has a separate estate, legal or equitable, and executes a bond, note, or other instrument for the payment of money, it is presumed, as matter of law, unless the contrary intention is expressed in the contract, that she intended to make such estate liable for its payment, and she will not be heard to deny that such was her intention.</p>