Pindell v. Harris
Mississippi Supreme Court
Appeal from the Chancery Court of Sharlcey County. Hon. W. Gr. Phelps, Chancellor, having been of counsel, W. A. Percy acted as Chancellor pro hae vice. 1. The promise to pay the antenuptial debt is valid.
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Appeal from the Chancery Court of Sharlcey County. Hon. W. Gr. Phelps, Chancellor, having been of counsel, W. A. Percy acted as Chancellor pro hae vice. 1. The promise to pay the antenuptial debt is valid. The power is a consequence of our legislation, and is embraced in the spirit of the married woman’s law. 1 Bouvier’s Law Die. 49; Foster v. Allanson, 2 T. R. 483; McDowell v. Wood, 2 Nott & McCord, 242; Memphis Railroad Oo. v. Scruggs, 50 Miss. 284; Travis v. Willis, 55 Miss. 557; Angelí on Lim. § 150; Viser v. Scruggs, 49 Miss. 705; Tyler on Infancy and Cov-erture, §§ 217, 234; Clancy on…
1Opinion of the CourtChalmers, J.
The suit is against a married woman upon a stated account with written promise to pay executed by her after marriage as to a debt contracted before marriage. The question is much *744discussed by counsel whether a married woman can bind herself or her property by a promise to pay an antenuptial debt, it being insisted, on the one hand, that, as she could not do so at common law and is not empowered to do so by statute, all such contracts are necessarily void; and, on the other, that, as the antenuptial debt is itself binding, there can be no valid objection to her renewing the obligation,…
2Cases cited3 opinions
- Hall v. NasmithSupreme Court of Vermont · 1856
- Bennett v. Charles Byram & Co.Mississippi Supreme Court · 1859
- Withers v. BullockMississippi Supreme Court · 1876
3Cited by3 opinions
- Robinson v. MooreMississippi Supreme Court · 1898
- Weille v. A. G. Levy & Co.Mississippi Supreme Court · 1896
- Imperial Cotton Oil Co. v. AllenMississippi Supreme Court · 1903