Legal Opinion

White v. White

New York Supreme Court

Decided January 15, 1849PublishedCited by 24 opinions

This was a complaint filed by the plaintiff, who is the wife of the defendant, against her husband, to protect what she claims to be her rights in relation to her real estate, and to re-, strain the defendant from interfering with the same.

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This was a complaint filed by the plaintiff, who is the wife of the defendant, against her husband, to protect what she claims to be her rights in relation to her real estate, and to re-, strain the defendant from interfering with the same. The complaint stated that the plaintiff, as the heir at law of Richard Cary, succeeded to certain real estate as tenant in common with seven other of the children of the said Richard Cary and that the plaintiff' married the defendant in 1819, and that there were six children, still living,, the issue of such marriage. That proceedings in chancery were…

1Opinion of the CourtMason, J.

The second section of the act of April 7th, 1848, under which the plaintiff claims the possession of the property in this case and that the defendant be restrained from interfering with the same, &c. is as follows: “ The real and personal property, and the rents, issues and profits thereof, of.any female now married, shall not be subject to the disposal of her husband* but shall be her sole and separate property, as if she were a single female, except so far as the same may be liable for the debts of her husband heretofore contracted.” (Laws of 1848, p. 307.) It is a general rule that courts…

2Cases cited5 opinions

  1. Wilkinson v. LelandSupreme Court of the United States · 1829
  2. Dash v. Van KleeckNew York Supreme Court · 1811
  3. Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
  4. Watson v. MercerSupreme Court of the United States · 1834
  5. Judges of the Oneida Common Pleas v. People ex rel. SavageNew York Supreme Court · 1837

3Cited by24 opinions

  1. Matter of RyersNew York Court of Appeals · 1878
  2. Wade v. . KalbfleischNew York Court of Appeals · 1874
  3. Guye v. GuyeWashington Supreme Court · 1911
  4. Blood v. HumphreyNew York Supreme Court · 1854
  5. Adams v. PalmerSupreme Judicial Court of Maine · 1863

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