Penniman v. Perce
Michigan Supreme Court
Appeal from Wayne Circuit in Chancery. Julius A. Austin, in Ms life time filed Ms bill in Chancery, against Heman M. Perce, John B. Gibb, Administrator of Abby S. Perce, late wife of said Heman, Peter Fralick and Mark Norris, to foreclose a mortgage, given by defendant Perce, June 12, 1847, to one Albert Stephens, to secure the payment of notes to the amount of $550, and which had ■been assigned to Austin.
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Appeal from Wayne Circuit in Chancery. Julius A. Austin, in Ms life time filed Ms bill in Chancery, against Heman M. Perce, John B. Gibb, Administrator of Abby S. Perce, late wife of said Heman, Peter Fralick and Mark Norris, to foreclose a mortgage, given by defendant Perce, June 12, 1847, to one Albert Stephens, to secure the payment of notes to the amount of $550, and which had ■been assigned to Austin. The bill, besides the ordinary •allegations in a foreclosure bill, contains the followmg: “Tour orator further'shows that on or about the ninth day of January, in the year one thousand…
1Opinion of the Court
Manning J.:
The only question in this case Arises on the cross-bill, and is whether Abby S. Perce, who was the holder and owner of two promissory notes at and previous to her *524Intermarriage with Heman M. Perce, after such marriage-gave them to her husband. He acquired no interest in the notes by the marriage; they remained the property of' his wife the same after the marriage as before, except that' she could not sell or dispose of them without the consent of her husband, as the law then was: — Comp. L. §3289, This restriction on her right of disposition was soon after-wards removed: —Comp. L.…
2Cases cited2 opinions
- Beecher v. BaldyMichigan Supreme Court · 1859
- Davis v. RiderMichigan Supreme Court · 1858
3Cited by8 opinions
- Riggs v. SterlingMichigan Supreme Court · 1886
- Jenne v. MarbleMichigan Supreme Court · 1877
- Mertz v. BerryMichigan Supreme Court · 1894
- Sykes v. City Savings BankMichigan Supreme Court · 1897
- Hovorka v. HavlikNebraska Supreme Court · 1903
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