Staton v. New

Citations

• 49 Miss. 307

Syllabus

<p>1. Mabkied Womes — Ability an® Disability on to Contbact. — A married woman occupies a peculiar position and relation in our jurisprudence: She may be the legal ■owner 'of property and incur obligations enforceable in a court 'Of law; She may be the cesíui que ttud of an estate with such power to charge it as are recognizable in Courts of equity'. If she owns property at the time of her marriage, or acquires it afterwards, in any of the modes known te the law, for many purposes she deals With it as a feme sole ; and as to all others she is subject to the disibility of coverture. Whitworth v. Carter, 43 ifiss. B., él; Boxworth y, Bullock, 44 Miss. B., 457 ; Bank of Ba. v. Williams, et. ux., 46 Miss. K., 635.</p> <p>2. Effect of Abt. 24 of Code, 1857. — This statute required, when a married woman purchased property, that it should be paid for with her own money, which she had at her marriage, or which accrued to her afterwards, as revenues of her estate, or otherwise. She could buy with ready money, but she could not make an obligation to be discharged at a future day; as to that she was under the disability of coverture.</p> <p>3. Rude whebe Mabeied women Buy Bbofeety on Ceedit. — The rule of the decisions in this State is : That when a married woman buys property on credit, although she may take the title by deed, she cannot be allowed to set up her coverture when called upon for the deferred payment, and at the same time retain the laud.</p> <p>4. Coveetuee : A Bab. — Coverture.is a good defonse to a suit for the specific performance of an executory contract, for the purchase of land.</p> <p>5. Case in Judgment. — The bill should have been in the alternative, to enforce the contract, if the wife choose to adhere to it, or to cancel and annul it, if she elected to repudiate it, because of her disability.</p>