Owen v. . Cawley
New York Court of Appeals
Appeal from the Supreme Court. The action was for professional services rendered to a married woman, for the benefit of her separate estate; and the relief sought was, that the same be declared an equitable lien on such separate estate, and that so much thereof as might be necessary be appropriated to the satisfaction of the claim.
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Appeal from the Supreme Court. The action was for professional services rendered to a married woman, for the benefit of her separate estate; and the relief sought was, that the same be declared an equitable lien on such separate estate, and that so much thereof as might be necessary be appropriated to the satisfaction of the claim. On the first hearing, before Judge Mitchell, on the report of a referee, judgment was rendered for the Plaintiffs for a greater amount than on the last-trial. That judgment was reversed at the General Term, for the reasons appearing in the report of the case (36…
1Opinion of the CourtPorter, J.
The principal question in this case arises under the statutes of 1848 and 1849, in relation to the property of married women. The primary purpose of these acts was to enable every feme covert to hold property in her own right, without the inter vention of trusts or marriage settlements. It was neither their design nor effect to place such property beyond the reach of all remedial process, nor-to secure to the wife'a mere dormant and barren title, with none of the usual incidents of the jus disponendi. Under their operation she succeeded to the right which a trustee could have exercised under…
2Cases cited1 opinion
- People v. RathbunNew York Supreme Court · 1839
3Cited by33 opinions
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- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1883
- United States Fidelity & Guaranty Co. v. ClarkeSupreme Court of Georgia · 1939
- Schram v. BurtCourt of Appeals for the Sixth Circuit · 1940
- Manhattan Brass & Manufacturing Co. v. ThompsonNew York Court of Appeals · 1874
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