Patterson Et Vir. v. Touchton Dinsmore

(Concurring in part and dissenting in part).— It seems to me that the amended bill of complaint con tains equity; that the general demurrer thereto was properly overruled by the chancellor; and that the decree should be affirmed, even though it may be successfully contended that the agreement in writing of the married woman in question to pay attorneys’ fees for procuring a divorce for her, would not be chargeable against her separate property under Section 2 of Article XI of the Constitution.

Section 2 of Article XI of the Constitution provides that a married woman’s separate real and…