Hutchins v. Dixon
Court of Appeals of Maryland
Appeal from the Equity Side of the Circuit Court for Calvert county. James Hooper, in the year 1836, married Anne Simmons, who was then possessed of considerable real and personal property, and, on the 10th of February 1837, the husband executed a deed to Bowen, as trustee, which recites, that “whereas the said James is disposed to invest Ids said wife again with all the property real and personal which he acquired by virtue of his intermarriage with her, so that the same…
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Appeal from the Equity Side of the Circuit Court for Calvert county. James Hooper, in the year 1836, married Anne Simmons, who was then possessed of considerable real and personal property, and, on the 10th of February 1837, the husband executed a deed to Bowen, as trustee, which recites, that “whereas the said James is disposed to invest Ids said wife again with all the property real and personal which he acquired by virtue of his intermarriage with her, so that the same may be for her exclusive use and benefit as though she were a feme sole;" and then conveys all said propeity, which is…
1Opinion of the CourtTuck, J.
The deed from Hooper to Bowen of the 10th of February 1837, shows a plain intent to restore to his wife the property she owned at the time of the marriage, “so that the same might be for her exclusive use and benefit, as though she were a ferns sole;” and this design is further indicated by the provision, that in the event mentioned in the deed it should pass to “her legal heirs and representatives in the same manner as if they had never been married.” Words better adapted to the purpose of divesting himself of the title could not have been employed; subject, however, to the conditions that…
2Cases cited8 opinions
- Stewart v. ReddittCourt of Appeals of Maryland · 1852
- Ringgold v. RinggoldCourt of Appeals of Maryland · 1826
- Pickett v. ChiltonSupreme Court of Virginia · 1817
- Waters v. TazewellCourt of Appeals of Maryland · 1856
- Warner v. HardyCourt of Appeals of Maryland · 1854
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3Cited by12 opinions
- Harmon v. State Roads CommissionCourt of Appeals of Maryland · 1966
- Polson v. StewartMassachusetts Supreme Judicial Court · 1897
- Stockham v. StockhamCourt of Appeals of Maryland · 1870
- Leppoc v. National Union BankCourt of Appeals of Maryland · 1870
- Gianakos v. MagirosCourt of Appeals of Maryland · 1964
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