Southard v. Piper
Supreme Judicial Court of Maine
On Report from Nisi Prius, Shepley, C. J., presiding. Trespass for taking and driving away several cattle from a farm occupied by the plaintiff and his wife. The farm with some other property belonged to the wife by a devise from her former husband.
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On Report from Nisi Prius, Shepley, C. J., presiding. Trespass for taking and driving away several cattle from a farm occupied by the plaintiff and his wife. The farm with some other property belonged to the wife by a devise from her former husband. There was testimony tending to show that the eattle were purchased by the plaintiff, as agent for his wife, subsequent to their intermarriage, and paid for by her property; and that they were afterwards driven away by the defendants under her directions. The Chief Justice instructed the jury that if the cattle were thus purchased by the plaintiff…
1Opinion of the Court
Wells, J. —
The only difference between this case, and that of Southard v. Plummer & al., reported in this volume, page 64, relates to the cattle, which were purchased by the plaintiff as the agent of his wife, and for which payment was made by her property.
By the Act of March 22, 1844, c. 117, § 1, which was amended by that of August 2, 1847, c. 27, “any married woman may become seized or possessed of any property, real or personal, by direct bequest, demise, gift, purchase or distribution, in her own name, and as of her own property,” &e.
By these Acts the wife of the plaintiff could purchase…
2Cited by1 opinion
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