Legal Opinion

Porter v. Haley & Stone

Mississippi Supreme Court

Decided October 15, 1877Published

Error to the Circuit Court of Copiah County. . Hon. S. S. Caliioon, Judge. The defendants in error recovered a judgment against the plaintiff in error for $100, on account of services as solicitors in defending her real estate in a suit in chancery, she being a married woman at the time she employed them to perform the services. To that judgment Mrs. Porter sued out a writ of error.

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Error to the Circuit Court of Copiah County. . Hon. S. S. Caliioon, Judge. The defendants in error recovered a judgment against the plaintiff in error for $100, on account of services as solicitors in defending her real estate in a suit in chancery, she being a married woman at the time she employed them to perform the services. To that judgment Mrs. Porter sued out a writ of error. A married woman can charge her separate estate, held under' the statute, only in the manner and for the purposes specified in the statute. The limitations in the married woman’s law" are the conditions on which…

1Opinion of the Court

Simrall, C. J.,

delivered the opinion of the court.: Haley & Stone rendered the services as solicitors, in the defense of a suit in chancery, brought against Mrs. Porter and her husband, involving her right to real estate claimed by her as separate property.

*69So that the question, in the abstract, is whether a married woman (who owns separate estate, as is agreed) can contract to pay a solicitor compensation for the defense of a suit brought to affect her rights to separate real estate.

There can be no doubt that if property is settled to her-separate use, so as to constitute her the beneficial…

2Cases cited4 opinions

  1. Frecking v. . RollandNew York Court of Appeals · 1873
  2. Putnam v. TennysonIndiana Supreme Court · 1875
  3. Bowen v. ConnerMassachusetts Supreme Judicial Court · 1850
  4. Hicks v. HicksNew York Supreme Court · 1851

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