Miller v. Newton

Citations

• 23 Cal. 554

Syllabus

<p>The effect of a marriage, at common law, is to deprive the wife of all separate legal existence, rendering herself incapable of binding herself by a contract.</p> <p>Courts of Equity, however, for many purposes, treat the husband and wife as distinct persons, capable of contracting with and suing each other, and of having separate estates, debts, and liabilities.</p> <p>Where a married woman, having a separate estate, creates debts with the intention of making those debts payable out of and a charge on her separate estate, a Court of Equity will decree the debts a charge on that separate estate, and direct it to be sold under the rules of the Court, in such manner as may be equitable, and the proceeds to be applied in payment of the debts.</p> <p>This liability of the separate property of a married woman, can only be enforced in a suit in equity, where all interested can he made parties, and a decree rendered directly against the property for the payment of the debt, and no personal judgment can be recovered against the wife.</p> <p>In such actions, to make the debts of a married woman a charge on her separate estate, Courts of Equity are careful in guarding her against imposition, and in seeing that dealings with her, affecting her separate estate, are free from fraud, and reasonable in their terms, and that no unfair advantage has been taken of her.</p>