Peck v. Walton
Supreme Court of Vermont
Appeal from the Court of Chancery. This was a bill of foreclosure predicated upon a mortgage, executed by the defendant, of land the fee of which was in the .wife of defendant, she not having joined with her husband in the deed. The defendant executed the mortgage since the statute of November, 1847. I. The act of 1847, (Comp. Stat. 403 § 15,) is void, as impairing the obligation of the marriage contract.
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Appeal from the Court of Chancery. This was a bill of foreclosure predicated upon a mortgage, executed by the defendant, of land the fee of which was in the .wife of defendant, she not having joined with her husband in the deed. The defendant executed the mortgage since the statute of November, 1847. I. The act of 1847, (Comp. Stat. 403 § 15,) is void, as impairing the obligation of the marriage contract. Defendant had acquired an absolute estate in the premises during coverture, which had become a complete estate by the courtesy, or contained the incidental right of such an estate. This…
1Opinion of the Court
The opinion of the court was delivered by
Redeieed, Ch. J.
This is a bill to foreclose a mortgage upon land, in which the wife held the estate in fee, and the husband an estate by the coverture; the mortgage being executed by the *85husband alone, since the statute of the 15th November, 1847.
The statute in terms requires that in order to convey “ the rents, issues, and profits (of) or any interest the husband may have in the real estate of the wife, which belonged to her before her marriage, or which she may have acquired, by gift, grant, devise, or inheritance during coverture, the deed shall be…
2Cited by5 opinions
- Roberts v. WehmeyerCalifornia Supreme Court · 1923
- Faivre v. DaleyCalifornia Supreme Court · 1892
- Laird v. PerrySupreme Court of Vermont · 1902
- Ross v. AdamsSupreme Court of New Jersey · 1859
- In re MarquetteDistrict Court, D. Vermont · 1900