Cochran ex rel. Lewis v. McBeath
Court of Chancery of Delaware
Bill in Equity eob an Injunction.—This bill was filed on behalf of the complainant, Frances L. Cochran,a married woman, by her next friend, to restrain the defendants, who were judgment creditors of her husband, Joseph W. Cochran, from further proceeding in an execution which had been levied by them upon certain goods and chattels to which she claimed to be entitled as her separate estate under an anti-nuptial contract.
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Bill in Equity eob an Injunction.—This bill was filed on behalf of the complainant, Frances L. Cochran,a married woman, by her next friend, to restrain the defendants, who were judgment creditors of her husband, Joseph W. Cochran, from further proceeding in an execution which had been levied by them upon certain goods and chattels to which she claimed to be entitled as her separate estate under an anti-nuptial contract. At the time of her marriage with Cochran, on the 26th of January, 1808, the complainant enjoyed by the will of her first husband, Doctor Thomas Evans, the third part of the…
1Opinion of the Court
Ridgely, Ohancelloe.
The great point in this cause arises on the effect of the contract, and how far it can be enforced in this Court, against creditors of the husband, at the suit of the wife, in the life time of the husband and wife. The principal objection is the want of a trustee on behalf of the wife, and because the right or estate in the goods and furniture, real estate and the rents, and the interest of £400,—all being the property devised to her by Doctor Thomas Evans, and also her dower in the estate of Philip Lewis, had not been conveyed to a trustee but remained in her at the time…
2Cases cited1 opinion
- Bradish v. GibbsNew York Court of Chancery · 1818
3Cited by3 opinions
- Silverman v. SilvermanSupreme Court of Delaware · 2019
- Tyre v. LewisCourt of Chancery of Delaware · 1971
- Silverman v. SilvermanSupreme Court of Delaware · 2019