Micou v. McDonald

Citations

• 55 Fla. 776

Syllabus

<p>Married Womens’ Law—Suits in Equity Against—Section 2, Article XI op Constitution Construed—Appellate Prac- ' tice—Dismissal of Bill Showing no Equity.</p> <p>i. The effect of section 2 of Article XI of the Constitution of Florida is to remove from married women, under carefully-limited restrictions, the common law disability of coverture in the cases therein specifically enumerated, and to enable her in such cases to assume obligations that can be charged in equity upon, and enforced out of, her separate property owned by her in her own individual right.</p> <p>(1) It enables her to purchase property either real or personal and to obligate herself for the purchase price thereof.</p> <p>(2) It enables her by an agreement in writing made by her to obligate herself for the payment of money or thing of value when the same enures to the benefit of her separate property.</p> <p>(3) It enables her to obligate herself for the price of any labor or material used with her knowledge or consent in the construction of buildings, repairs or improvements upon her property, or for agricultural or other labor bestowed thereon with her knowledge and consent. And said section specifies the forum, viz: a court of equity, in which such obligations may be charged upon and enforced out of her separate property, either by a sale thereof, or by the sequestration of the uses, rents and profits thereof.</p> <p>2. The test of jurisdiction of a court of equity over a bill filed to enforce a claim against the separate property of a married woman is, does the bill present such an obligation of a married woman as the constitution authorizes a court of equity to deal with and enforce. Such newly extended jurisdiction of the court of equity over the obligations of married women must be confined to the cases specifically defined by the constitution.</p> <p>3. Whether a claim by a real estate broker for commissions for effecting a sale of a married woman’s separate real estate can ever be properly