Devin v. McKelvey

Ingraham, Justice.

Under the old system, a wife could take proceedings in equity to secure to herself her separate property which the husband had in his possession, if necessary for her protection.

The subsequent acts of 1848 and 1849, recognizing and declaring the right of the wife to control,- manage and dispose of such separate estate, not only confirms these proceedings on behalf of the wife, but strengthens her rights, by restraining the right of the husband to reduce to possession the separate personal estate of the wife. If so, I see no reason for imputing fraud to a wife who seeks thus…