Legal Opinion · Dissent

Davis, Et Vir v. Battle

Supreme Court of Florida

Decided March 4, 1938Published

1DissentBrown, J.

(dissenting).—Under the Constitution, a married woman’s separate real or personal property may be ' charged in equity and sold, and the profits thereof sequestrated, for money due upon any agreement made by her in writing “for the benefit of her separate property.”

If the contract involved in this case was valid in its inception, that is, if, at the time it was made by the married woman, it was made for the benefit of her separate prop-" erty, then certainly her subsequent repudiation of the contract if there was such, or failure to carry it out, could not have had the effect of rendering it…

2Cases cited2 opinions

  1. Blodgett v. SteinmetzSupreme Court of Florida · 1929
  2. Eggart v. DunningWyoming Supreme Court · 1907

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