Myers v. Field

Citations

• 146 Ill. 50
• 34 N.E. 424

Syllabus

<p>1. Creditor’s bill—to reach property not subject to levy on execution. Where a wife suffers an execution against her, issued upon a judgment against her, to be returned “no property found,” the creditor may, by his bill, have securities in the wife’s hands subjected to the satisfaction of his judgment.</p> <p>2. Married woman—her properly liable for her own debts. A judgment against a married woman, whether on her liability for the expenses of the family or on some other cause of action, will be enforcible against her separate property. The act of 1861 did not exempt the wife’s property from execution for her own debts.</p> <p>3. Where a feme covert is the sole and exclusive owner of property, she will hold it with all the incidents of property,—the right of selling, giving or charging it with the payment of her debts. It is an incident of ownership that property shall be liable for its owner’s debts.</p> <p>4. Same — law making her property liable for expenses of the family. Whatever is a legitimate expense of the family is for the wife’s benefit as she is a part of the family, and the legislature has the power to enact that she or her property shall be liable for a debt incurred by her or for her benefit. Debtors have no vested right not to pay their debts. What debtors may have or acquire, the State may subject to legal process for the satisfaction of creditors.</p> <p>5. Constitutional law—repeal or change of exemption laws—vested right. The exemption of the wife’s separate property from liability for the expenses of the family, under the act of 1851, was a privilege, and it is well settled that the citizen has no vested right in statutory privileges and exemptions, where no element of contract or grant arises out of the statute, Such privileges and exemptions rest upon reasons of public policy, and may be recalled or changed by the legislature.</p> <p>6. Under the act of 1861, relating to married women, appellant became seized of a house and lot as her separ