Sample v. Administrator of Ross
Ohio Supreme Court
This is a bill in chancery, reserved in the county of Butler. The facts arc substantially these : Phebe Ross obtained a divorce from her husband, Daniel Ross, in the Supreme Court in Butler county, in 1832. The court granting the divorce reserved to her the payment of $100 in 30 days, besides $37.50 semi-annually during the joint lives of the said Phebe and Daniel, and gave a lien for the several installments, upon a certain tract of land belonging to said Daniel, situated…
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This is a bill in chancery, reserved in the county of Butler. The facts arc substantially these : Phebe Ross obtained a divorce from her husband, Daniel Ross, in the Supreme Court in Butler county, in 1832. The court granting the divorce reserved to her the payment of $100 in 30 days, besides $37.50 semi-annually during the joint lives of the said Phebe and Daniel, and gave a lien for the several installments, upon a certain tract of land belonging to said Daniel, situated in Butler county. Before applying for the divorce, said Phebe Ross employed one John W. Milliken as her solicitor, to…
1Opinion of the CourtAvery, J.
Questions like these have been discussed in this-case: How far are a married woman’s contracts binding upon her? What is the effect of her repeated recognition of the contract after becoming a feme sole, and of her acceptance of the successive payments as they fell due according to the terms of the-agreement? The question, besides, has been put, whether this is-a valid contract aside from the alleged incapacity of a married woman to contract. In support of the case made by the bill, it is-claimed that nothing is due upon the decree, or that, at all events, the execution has been irregularly…
2Cited by4 opinions
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- State v. EsdaleSupreme Court of Alabama · 1950
- Collins v. CommonwealthSupreme Court of Virginia · 1926