Bell v. Bell ex rel. Bugg
Supreme Court of Georgia
This was a bill in equity, filed by Eliza Bell, a feme covert, by her next friend against her husband, William Jewell, the administrator on the estate of her deceased father, and sundry judgment creditors, praying for an injunction, and decree for what is commonly called the wife’s equity, to he set apart in the name of a trustee for the special use of herself and her children.
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This was a bill in equity, filed by Eliza Bell, a feme covert, by her next friend against her husband, William Jewell, the administrator on the estate of her deceased father, and sundry judgment creditors, praying for an injunction, and decree for what is commonly called the wife’s equity, to he set apart in the name of a trustee for the special use of herself and her children. The bill stated that the complainant was one of five distributees of the estate of her deceased father, William Bugg, who died in 1845, possessed of considerable property, consisting of lands and slaves, &c. That said…
1Opinion of the Court
By the Court
Nisbet, Judge.
The case made in this record involves the doctrine of what is called, in the books, the wife’s equity.
The cases in relation to this subject- are exceedingly numerous.
The precise extent to which the doctrine of the wife’s right in equity to a settlement out of her equitable and legal choses in action goes, we are free to admit, is not satisfactorily settled. Yet we do not hesitate to say, that the right itself is as clearly and as permanently established, both by authority and upon principle, as any known to the equity jurisprudence of England or America. It is…
2Cases cited3 opinions
- Van Epps v. Van DeusenNew York Court of Chancery · 1833
- Van Duzer v. Van DuzerNew York Court of Chancery · 1837
- Mumford v. MurrayNew York Court of Chancery · 1829
3Cited by4 opinions
- DeVaughn v. McLeroySupreme Court of Georgia · 1889
- Ellington v. HarrisSupreme Court of Georgia · 1906
- American Freehold Land & Mortgage Co., of London, Ltd. v. MaxwellSupreme Court of Florida · 1897
- Hudgins v. ChuppSupreme Court of Georgia · 1898