Skip to main content
· 6/15/1884

Harwood v. Root

Citations

  • 20 Fla. 940

Syllabus

<p>1. Tn the premises of a deed to a married woman tbe words of transfer are, “grant, bargain,' sell, alien, convey and confirm unto the said party of tlie second part, her heirs and assigns,” and the words in the Uahandum and tenendum clause of the deed are “ to have and to hold the aforesaid bargained premises, together with all and singular the rights, tenements, hereditaments and .appurtenances to the same belonging, unto the said party of the second part, her heirs and assigns, to her and their own sole and proper use, benefit and behoof in iee simple”: Held, That no equitable separate estate p>asses, and tliat the wife bolds the property as her separate statutory property.</p> <p>2. A married woman purchases property. She and her husband join in the execution of a promissory note for the purchase money. That the husband is insolvent is known to the vendor, and the credit is given, looking- to the separate statutory property of the wife : Held, That a court of equity will sequester the rents and profits of the separate statutory property of the wife to secure payment of the debt.</p>

Judges: Westcott

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.