Brown v. Smythe

*326The opinion of the Court was delivered by

Fenner, J.

The object of this action is to declare the nullity of a judgment of separation of property between defendant John Smythe and his deceased wife, with the view of subjecting certain property subsequently acquired by the wife to the payment of the husband’s debts.

The grounds of nullity alleged are two — want of publication, and non-execution of the judgment.

1. As to want of publication. Plaintiffs only became creditors of the husband long after the judgment of separation and acquisition of the property by the wife.

It is well settled that such…