Darnall v. Smith's adm'r
Supreme Court of Virginia
This was an appeal from the decree of the Circuit. court of Pittsylvania, made in a cause depending in said court, in which the personal representative of A., gmith was plaintiff and Andrew M. Darnall and; Eliza P. his wife, Wm. J. Fulton, her trustee, and others were defendants. The bill which was filed in qggg} charged that Eobert W. Williams, deceased, was in his lifetime the husband of said Eliza P. Darnall; and that he was utterly insolvent.
Read the full summary
This was an appeal from the decree of the Circuit. court of Pittsylvania, made in a cause depending in said court, in which the personal representative of A., gmith was plaintiff and Andrew M. Darnall and; Eliza P. his wife, Wm. J. Fulton, her trustee, and others were defendants. The bill which was filed in qggg} charged that Eobert W. Williams, deceased, was in his lifetime the husband of said Eliza P. Darnall; and that he was utterly insolvent. That the said Eliza P. held a separate estate; and that the said Eobert W. Williams and his wife Eliza P. made a joint purchase-of a crop of tobacco…
1Opinion of the Court
Staples J.
delivered the opinion of the court.
The authorities are generally agreed, that a married woman possessed of a separate estate, may charge the same with her debts in like manner and to the same extent as a feme sole; but they are not agreed as to the mode by which the charge may be effected. Some of the cases hold that the intention to charge the separate *884estate must be stated in the instrument evidencing the contract, or the consideration must be one going to-the direct benefit of the estate. In other cases it is held, that the execution of a bond or note bvthe wife, whether as…
2Cases cited1 opinion
- Burnett v. Hawpe's ex'orSupreme Court of Virginia · 1874
3Cited by24 opinions
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Garland v. PamplinSupreme Court of Virginia · 1879
- Bain & Bro. v. Buff's Adm'rSupreme Court of Virginia · 1882
- Bank of Greensboro' v. ChambersSupreme Court of Virginia · 1878
- Justice v. EnglishSupreme Court of Virginia · 1878
19 more not listed; retrieve them via the Exa API.