Dibble v. Hutton
Supreme Court of Connecticut
JMÍ ARY HUTTON brought a petition in chancery, ° • .. t , to the Countv Court, stating, That she was the widow of Samuel Hutton ; and that during his life the}' were tenants in common of 55 acres of land, 1"⅛:; in Nor-walk,'three fourths of which were owned by him, and cne fourth by her. He importuned her to join with him, in conveying said land, representing to her, that it was of small profit to them, and that he could not sell his interest alone, without great loss.
Read the full summary
JMÍ ARY HUTTON brought a petition in chancery, ° • .. t , to the Countv Court, stating, That she was the widow of Samuel Hutton ; and that during his life the}' were tenants in common of 55 acres of land, 1"⅛:; in Nor-walk,'three fourths of which were owned by him, and cne fourth by her. He importuned her to join with him, in conveying said land, representing to her, that it was of small profit to them, and that he could not sell his interest alone, without great loss. She, however, refused to comply with his request; but afterwards, to induce her to join in the conveyance, he offered, and…
1Opinion of the Court
By the Court.
The petitioner’s claim, in he* bill in chancery, rests on the ground of the husband and wife’s, contract, or a combined view of the facts contained in the bill. Hence, the questions made relate to the competency of a husband and wife to contract with each other ; the competency of the wife to have estate for her separate use ; and the equity of the particular case.
By the common law, the husband and wife are considered as one person in law, the existence of the wife being merged in that of the husband, or suspended during the coverture. As a consequence of this union of persons,…
2Cited by12 opinions
- Deming v. WilliamsSupreme Court of Connecticut · 1857
- Fuller v. Naugatuck RailroadSupreme Court of Connecticut · 1852
- Riley v. RileySupreme Court of Connecticut · 1856
- Mathewson v. MathewsonSupreme Court of Connecticut · 1906
- Baldwin v. CarterSupreme Court of Connecticut · 1845
7 more not listed; retrieve them via the Exa API.