French v. Waterman

Citations

• 79 Va. 617
• 1884 Va. LEXIS 121

Syllabus

<p>1. Married Woman—Separate Estate—General Engagements.—The note, or other general engagement of a married woman, owning separate estate, creates no specific lien on such estate. To satisfy the same, the personal property and the rents and profits of the real property of such estate, may be sold by decree of court when the wife’s interest is absolute, and there is no restraint upon its alienation. But, in no case, should the real estate be decreed to be sold to satisfy such engagement.</p> <p>2. Idem—Idem—Practice in Chancery.—-A bill to subject feme coverte’s separate estate to payment of her note, or other general engagement, filed after her alienation of such estate bona fide for valuable consideration, presents no case meet for the consideration of a court of equity, and will be dismissed on demurrer.</p> <p>3. Idem—Idem—Creditors by Note, &c.—Where land is settled on wife for life to use for support of self and children, remainder to her children surviving her, but to her husband, should he survive both her and them, with power to her to sell trust corpus, and reinvest proceeds subject to same trust and limitations, creditors, by her general engagements, are entitled only to her ratable portion of the remnant of those rents and profits after deducting the support of herself and children.</p> <p>4. Idem—Idem—Specific Lienors.—Where in suit by such creditors it is not alleged nor apparent that such remnant exists, the bill will be dismissed, but without prejudice quoad such creditors as appear to hold specific liens on the trust property, yet who have not set them up in the suit, although reported, without sufficient proof, by the commissioner.</p>