Van Duzer v. Van Duzer

Citations

• 6 Paige Ch. 366
• 1837 N.Y. LEXIS 241
• 1837 N.Y. Misc. LEXIS 53

Syllabus

<p>Where the husband has violated the marriage contract, or has been guilty of an act which entitles the -wife to a decree for a divorce, or a separation, and for alimony, she is in equity entitled to a restoration of the property which the husband holds by virtue of his marital rights. And the court of chancery, upon the bill of the wife filed for the purpose of obtaining aidivorce or separation, will not only protect her right to such property as against the husband himself, but also as against judgment creditors, and others who do not stand in the situation of bona fide purchasers without notice of her equitable rights and of her intention to enforce them by a suit for a divorce or separation.</p> <p>So where the husband has married a ward in chancery without the consent of the court or of her legal guardian, the court, upon the ground of the husband’s contempt, has jurisdiction to interfere, upon the application of the friends of the infant wife even without her consent, to restrain the husband and his creditors from intermeddling with her estate until a proper settlement is made for the support of the wife and of the issue of the marriage.'</p> <p>But where the husband has been guilty neither of a contempt in acquiring the legal title to his wife’s property, nor of such misconduct as entitles her to a divorce or a decree for a separation from bed and board, the court of .chancery cannot, upon the application of the wife, interfere with the husband’s legal title as tenant by the curtesy initiate in his wife’s property, so as to place it beyond his reach or the reach of his creditors and secure it for the support of the wife and her children.</p> <p>The court of chancery will protect the wife’s equity in the property which the husband acquires by the marriage, whenever the husband comes into that court as a party for the purpose of enforcing his claim to such property. And it seems the court may also protect her equity in personal property to which she is entitle