Shin v. Bosart

— The record in this case presents a single question of law, and that question is: Can a married wo-

man whose husband is insane, but whose insanity has not been judicially declared, make a valid contract concerning her separate real property?

The answer to this question depends upon the construction to be given the act of March 11th, 1861, 1 R. S. 1876, p. 555. The 1st section of that act, omitting the enacting clause, reads as follows: “That all married women, or those who may be hereafter married, whose husbands are, or may be insane, are during the continuance of such insanity, hereby…