Fox v. Hatch
Supreme Court of Vermont
Ejectment to recover the seizin and possession of certain lands. Plea, not guilty, and trial by the court. On the trial in the county court, the plaintiff showed that she was the legal owner of the premises in question, at the time of her marriage to one Conroy Fox, oii.«tS% 8th day of November, 1830, and that the defendant was in possession thereof at the commencement of this suit; that, at the March term of the supreme court in Orange county, A. D. 1837, a bill of divorce…
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Ejectment to recover the seizin and possession of certain lands. Plea, not guilty, and trial by the court. On the trial in the county court, the plaintiff showed that she was the legal owner of the premises in question, at the time of her marriage to one Conroy Fox, oii.«tS% 8th day of November, 1830, and that the defendant was in possession thereof at the commencement of this suit; that, at the March term of the supreme court in Orange county, A. D. 1837, a bill of divorce was granted her by said court, dissolving the bonds of matrimony between her and the said Conroy for the intolerable…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The question to be determined is whether the *346real estate of a feme covert can legally be extended and set off on execution, in satisfaction of her debts contracted before marriage. It is contended that her legal disabilities are such, that the statute, authorizing the levy of executions upon land, cannot consistently or justly be carried into effect against her. It is urged that she is necessarily deprived of all means of paying the execution, and thereby preventing a levy upon her land ; that she has not authority to agree upon or choose…
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