Nicholson v. Wilborn & McWhorter
Supreme Court of Georgia
Complaint, in Stewart Superior Court. Tried before Judge Iverson, April Term, 1853. Mary A. Nelms, before sbe intermarried with Duncan L. Nicholson, contracted an account with Wilborn & McWhorter, merchants in the Town of Lumpkin, Stewart County. After ¡her marriage, Wilborn & McWhorter brought their action against Duncan L. Nicholson and his wife, for the amount of the account.
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Complaint, in Stewart Superior Court. Tried before Judge Iverson, April Term, 1853. Mary A. Nelms, before sbe intermarried with Duncan L. Nicholson, contracted an account with Wilborn & McWhorter, merchants in the Town of Lumpkin, Stewart County. After ¡her marriage, Wilborn & McWhorter brought their action against Duncan L. Nicholson and his wife, for the amount of the account. To this action the defendants filed the plea of infancy — alleging, that at the time the account was made and at the time the suit was brought, Mrs. Nicholson was an infant. On the trial, counsel for defendant moved…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] Upon marriage, the husband is entitled to the estate of the wife in possession, and to reduce into possession her choses in action, and thus acquire property in them also. Without adverting to any limitations to these rules of law, in Courts of Chancery, it is sufficient for this case to state them thus broadly. As a consequence, he becomes liable for the debts of the wife contracted dum sola. It is necessary for the creditor to join the wife with the husband in a suit for their collection. Judgment being obtained against both, if the husband…
2Cases cited2 opinions
- Huffman v. HulbertNew York Supreme Court · 1835
- Maynard v. DownerNew York Supreme Court · 1835
3Cited by19 opinions
- White v. RowlandSupreme Court of Georgia · 1881
- Maryland Casualty Co. v. LanhamSupreme Court of Georgia · 1906
- McBerry v. IvieCourt of Appeals of Georgia · 1967
- Brown v. AndersonSupreme Court of Georgia · 1938
- Oliver v. McDuffieSupreme Court of Georgia · 1859
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