Perkins v. Morse
Supreme Judicial Court of Maine
ON REPORT. Forcible entry and detainer originally brought in the municipal court of Farmington. The facts are stated in the opinion. If the defendant’s wife could have leased the premises for two years she could for ninety-nine years. The lease was a conveyance — a deed.
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ON REPORT. Forcible entry and detainer originally brought in the municipal court of Farmington. The facts are stated in the opinion. If the defendant’s wife could have leased the premises for two years she could for ninety-nine years. The lease was a conveyance — a deed. I rely upon the case of Oall v. Perhins, 65 Maine, 439 ; Heed v. Peed, 71 Maine, 156 ; R. S., c. 61, §1. That the lease was a conveyance I refer to the definitions of the same in 2 Bonvier’s Law Diet. 17, 18, 19. See also, Webster’s Diet. " Lease. ” .
1Opinion of the CourtPeters, C. J.
Beal estate directly or indirectly conveyed to a married woman by her husband, or paid for by him, or given or devised to her by his relatives, cannot be conveyed by her without the joinder of her husband; except real estate conveyed to her as security or in payment of a bona fide debt actually due to her from her husband. R. S., c. 61 § 1.
In the case before us it appears that a farm, with buildings thereon, was purchased in the name of a wife and paid for fully by her husband. They afterwards separated, now living apart. After the separation, he remaining upon the place, she let it under a…
2Cases cited5 opinions
- The Mayor, C., of New-York v. . MabieNew York Court of Appeals · 1855
- In re HunterNew York Court of Chancery · 1831
- Abendroth v. Town of GreenwichSupreme Court of Connecticut · 1860
- Livermore v. BagleyMassachusetts Supreme Judicial Court · 1807
- Tone v. BraceNew York Court of Chancery · 1845
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- Duff v. KeatonSupreme Court of Oklahoma · 1912
- Tuohy's EstateMontana Supreme Court · 1899
- Fargo v. BennettIdaho Supreme Court · 1922
- Ryland v. BanksSupreme Court of Missouri · 1899
- Spiro v. RobertsonIndiana Court of Appeals · 1914
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