Brown v. Fifield
Michigan Supreme Court
Case reserved from Jackson Circuit. This was an action of replevin for the recovery of a horse, alleged, to have been unlawfully detained by defendant.
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Case reserved from Jackson Circuit. This was an action of replevin for the recovery of a horse, alleged, to have been unlawfully detained by defendant. Upon the trial in the Court below, the following facts appeared, viz.: That the plaintiff married his wife in 1851; that the horse in question was her property at the time of the marriage; that the horse was used in the plaintiff’s family until July 10th, 18.54, at which time the wife of the plaintiff sold and delivered the horse in question to the defendant, without the knowledge or consent of the plaintiff, who was absent from home at the…
1Opinion of the Court
*326By the Court,
Green, J.
The ownership of property does not necessarily include the power to sell or convey it. Married women, at the common law, were capable of holding real estate; and infants, lunatics, and idiots might be the owners of property of any description, but are incapable in law of making any obligatory contract for the sale of it. The general rule of the common law is, that a married woman cannot, during her coverture, make an obligatory contract. (Story on Gowbracts, § 83.) To this rule there are several exceptions, none oí which, however, affect this case.
Has the Constitution…
2Cited by5 opinions
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