Allen v. Hooper
Supreme Judicial Court of Maine
Beported from JSRsi Prius, Cutting, J., presiding. Forcible entry and detainer. The respondent, at the hearing before the magistrate, pleaded the general issue, and in her brief statement alleged title in herself.
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Beported from JSRsi Prius, Cutting, J., presiding. Forcible entry and detainer. The respondent, at the hearing before the magistrate, pleaded the general issue, and in her brief statement alleged title in herself. On the trial in this Court, the complainant offered in evidence the levy of an execution in his favor against Quincy A. Hooper, upon the premises, dated Dec. 7, 1857 ; a notice to the respondent to quit, dated Dec. 8, 1858; a deed of the respondent conveying the premises to said Quincy A. Hooper, her husband, dated Sept. 29, 1856, and recorded on the 8th day of October following.…
1Opinion of the Court
The opinion of the Court was drawn up by
Appleton, C. J.
By the common law the husband Cannot convey by deed to the wife. He must do it by the intervention of a third person. Martin v. Martin, 1 Greenl., 394. Nor can the wife convey to the husband. Rowe v. Hamilton, 3 Greenl., 63. She is deemed sub potestate viri and incapable of contracting with him. All contracts between them were void. '
By Act of 1847, c. 27, a conveyance of land by a husband to his wife directly passes the title, except as against the creditors of the husband. Johnson v. Stillings, 35 Maine, 427.
The deed from the defendant…
2Cases cited1 opinion
- Sumner v. ConantSupreme Court of Vermont · 1836
3Cited by5 opinions
- Wells v. CaywoodSupreme Court of Colorado · 1877
- Crawford v. HoeftMichigan Supreme Court · 1885
- Rico v. BrandensteinCalifornia Supreme Court · 1893
- Adams v. AdamsSupreme Court of New Hampshire · 1921
- Trousseau v. CartwrightHawaii Supreme Court · 1895