Osburn v. Throckmorton

Citations

• 90 Va. 311
• 18 S.E. 285
• 1893 Va. LEXIS 51

Syllabus

<p>Married Women — Separate estate — Transfer—Case at bar. — A debt secured by trust deed on land, became, under the creditor’s will, the separate property of a married woman, with whose knowledge and consent it was settled with her husband in the purchase of land that was conveyed to her and yet remains hers. Subsequently the bond of matrimony between them was annulled, but the rights of property were left by the decree as they stood at its date. Afterwards she claimed the debt as her property and as unpaid, alleging her ignorance of her rights under act of April 4, 1877, at the time of the settlement. By her direction the trustee advertised the land for sale under the trust deed. The debtor obtained an injunction to the sale.</p> <p>Held:</p> <p>1. Under that act a married woman may give her separate estate to her husband, and her ignorance of the law does not invalidate the transaction.</p> <p>2. The rights of property between them became res judieata by the decree of divorce.</p> <p>3. The injunction was rightly perpetuated, as the debt has been paid, and the grantor in the trust deed is entitled to have it released.</p>