Home > Florida Reports Volume 6: (English)
Florida Reports Volume 6: (English)

Florida Reports Volume 6: (English)

          
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About the Book

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1855 edition. Excerpt: ...Davis, 2 P. V. 316; Parker vs. Brook, 9 Vesy 583; Rich vs. Cockell, 9 Vesy 369; 2 Story's Eq..lu., l380. Lord Brougham in Murry vs. Barlee (3 My. and K. 209) observes as follows: "That at law, a feme covert cannot in any way be sued even for necessaries. is certain. Bind herself or her husband by specialty, she cannot; and al. though living with him and not allowed necessaries, or apart from him, whether on an insufficient allowance or an unpaid allowance, she may so bind him that those who furnish her with subsistence may sue him, yet even in respect of these, she herself is free from all suit. This is her position of disability or immunity at law, and this is now clearly settled. Her separate existence is not contemplated--it is merged by the coverture in that of the husband, and she is no more recognized than is the cestui que trust, or the mortgagor; the legal estate which is the only interest the law recognizes, being in others. But in equity, the case is wholly different. Her separate existence both as it regards her liabilities and her rights, is here abundantly acknowledged--not indeed that her person can be made liable, but her property may." His Lordship goes on further to say: "In all these cases I take the foundation of the doctrine to be this: the wife has a separate estate, subject to her own control, and exempt from all other interference or authority. If she cannot affect it no one can, and the very object of the settlement which vests it in her exclusively, is to enable her to deal with it as if she were discovert." With the utmost respect for, and deference to the opinion of this eminent jurist, I cannot but think that he has fallen into two very manifest errors in regard to this...


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Product Details
  • ISBN-13: 9781130616279
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 226
  • Series Title: English
  • Weight: 413 gr
  • ISBN-10: 1130616274
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 12 mm
  • Width: 189 mm


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