Clark v. Hezekiah
District Court, E.D. Arkansas
In Equity. The complainant, as assignee in bankruptcy of F. W. Hezekiah, filed bis bill in equity against the defendant, Agnes Hezekiah, wife of the bankrupt, praying that a mortgage on certain real estate, executed by the bankrupt to his wife, might be declared fraudulent and void.
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In Equity. The complainant, as assignee in bankruptcy of F. W. Hezekiah, filed bis bill in equity against the defendant, Agnes Hezekiah, wife of the bankrupt, praying that a mortgage on certain real estate, executed by the bankrupt to his wife, might be declared fraudulent and void. The facts of the case are admitted, and are as follows: (1) That on the ninth day of October, 1871, the defendant, then the wife of the bankrupt, had the sum of $2,700, which was her own separate money, bequeathed to her by Dr. Fiddes, a relative of hers, then lately deceased at Kingston, Jamaica; (2) that slie…
1Opinion of the CourtCaldwell, J.
Courts of equity uphold and enforce contracts between husband and wife, concerning her separate property. “The wife may become a creditor of her husband by acts and contracts during coverture, and her rights as such will be enforced against him and his representatives.” Story, Eq. Jur. § 1373; Story, Eq. Pl. § 62. “Courts of equity regard husband and wife as distinct persons, and allow them to contract with each other as though they were unmarried.” Woodworth v. Sweet, 44 Barb. 268. The husband may allow the wife to retain her separate estate; and if he borrows her money, equity will enforce…
2Cases cited20 opinions
- Cook v. TullisSupreme Court of the United States · 1874
- Walker v. Walker'sSupreme Court of the United States · 1870
- Gibson v. WardenSupreme Court of the United States · 1872
- Logan v. HallSupreme Court of Iowa · 1865
- Scott v. ScottIndiana Supreme Court · 1859
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3Cited by3 opinions
- First National Bank v. JohnsonNebraska Supreme Court · 1903
- In re RemmerdeDistrict Court, N.D. Iowa · 1913
- In re HoffmanDistrict Court, D. New Jersey · 1912