Legal Opinion

Ratcliffe v. Dougherty

Court of Appeals of Mississippi

Decided April 15, 1852PublishedCited by 9 opinions

In error from the southern district chancery court at Monticello ; Hon. James M. Smiley, vice-chancellor. The opinion of the court contains a clear statement of the facts of the case.

1Opinion of the CourtJustice Yerger

The record in this case presents this question: Is a deed of gift made by a husband directly to the wife, without the intervention of a trustee, since the passage of the act of 1839, “ to secure the rights of married women,” valid, or not ? and can the same be enforced either at law or in equity? It is certainly true, that by the rules of the common law a gift by the husband directly to the wife, without the intervention of a third party, whether by deed or parol, was void, and could not be enforced. In accordance with this rule, was the decision of this court in the case of Tourney v.…

2Cited by9 opinions

  1. Seals v. Robinson & Co.Supreme Court of Alabama · 1883
  2. McMillan v. PeacockSupreme Court of Alabama · 1876
  3. Sunderland v. SunderlandSupreme Court of Iowa · 1865
  4. Kaufman v. WhitneyMississippi Supreme Court · 1874
  5. Wells v. TreadwellMississippi Supreme Court · 1855

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