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· 9/15/1861

Hill v. Garman

Citations

  • 2 Del. Ch. 273

Syllabus

<p>An ante-nuptial contract, not recorded, raises no equity, at the suit of a debtor to the wife dum sola, to restrain the collection of the debt at law by process in the name of the husband and wife.</p> <p>Such a debtor has no interest in the contract, entitling him to set it up in equity.</p> <p>Nor is the debtor at any risk in paying the debt. Such payment would protect him against any future claim by the trustee under the contract, who had not interfered to prevent the collection of the debt by the husband.</p>

Judges: Harrington

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