Travis v. Willis

Citations

• 55 Miss. 557

Syllabus

<p>1. Married Woman. Liability for ante-nuptial debts.</p> <p>A woman owing debts as a feme sole, but having no property in her own right,, is not by marriage, ipso facto, absolved from her ante-nuptial debts, but she-continues liable for them after as before marriage.</p> <p>2. Same. Suits against. Declaration and ¿judgment.</p> <p>The contracts of a married woman are, prima facie, void by reason of her coverture, and when she is sued upon a contract, her liability must be made to appear; but if the declaration shows that the contract was made when she Was a widow, or dum sola, her coverture at the time of the suit is no obstacle to the recovery of such judgment against her as might be rendered against-any other defendant.</p> <p>3. Same. Gan confess ¡judgment.</p> <p>A married woman may confess a judgment for a valid ante-nuptial debt, and such judgment will be conclusive and enforceable against her, as if rendered, by default or upon a verdict.</p> <p>4. Same. Her admissions competent evidence.</p> <p>At common law the admissions of. the wife were not competent evidence in a suit against her husband and herself jointly, because the effect would have-been to fix a liability on the husband; but since our statute has relieved the-husband frpm all obligation to pay the ante-nuptial debts of his wife, heiadmissions in pais are competent evidence against herself.</p> <p>5. Husband and Wive. Husband a nominal defendant.</p> <p>In suits against husband and wife jointly, for her separate liability, he is, under-section 1783 of the Code of 1871, merely a nominal or formal party, being made a defendant only for the reason that he may assist his wife in the protection of her interests.</p>