Butler v. Buckingham
Supreme Court of Connecticut
CASE reserved. This was a petition in chancery, brought, originally, to the Superior Court, against the defendant, praying for an injunction against certain proceedings at law.
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CASE reserved. This was a petition in chancery, brought, originally, to the Superior Court, against the defendant, praying for an injunction against certain proceedings at law. The petition stated, that in the year 1790, Joseph Bryan died, leaving the defendant, his widow, and Joseph Bryan, Julia Bryan, Richard S. Bryan and Isaac Bryan, his children and heirs at law ; that at the death of Joseph Bryan, the elder, he was seised and possessed of a certain lot of land, in Milford, with a house, barn and other buildings thereon, to one third part of which, the defendant liad the right of dower ;…
1Opinion of the CourtIngersoll, J.
My opinion is, that on the facts stated in the petition, the petitioners are entitled to no relief. In the discussion of (his case, by the counsel at the bar, the power of a feme-covert to bind her separate estate, by her contract during the coverture, as is natural to suppose, underwent a very thorough investigation. Indeed, this was the great point in the case.
On the part of the petitioners, it was contended, that a court of chancery recognized such power, in a pretty extensive sense, and would decree the execution of any contract made within it. On the other hand, it was insisted, that th<…
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