Wright v. Wright's Lessee
Court of Appeals of Maryland
Appeal from Queen Anne’s county court. The appellee was divorced from the appellant, her husband, a vinculo matrimonii, by the act of 1849, ch. 428, passed on the 8th of March" 1850, and instituted this action of ejectment, to recover her real estate from the possession of the appellant, who continued to hold it after the divorce. The cause was tried in the county court, upon a statement of facts set out in full in the opinion of this court.
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Appeal from Queen Anne’s county court. The appellee was divorced from the appellant, her husband, a vinculo matrimonii, by the act of 1849, ch. 428, passed on the 8th of March" 1850, and instituted this action of ejectment, to recover her real estate from the possession of the appellant, who continued to hold it after the divorce. The cause was tried in the county court, upon a statement of facts set out in full in the opinion of this court. The court below gave judgment for the plaintiff, and the defendant appealed.
1Dissent
Tuck, J.,
dissented in part, and delivered the following opinion.
The first inquiry which this record suggests is, whether the act of 1849, ch. 428, divorcing these parties, was a valid exercise of legislative anthority? If this be so, then the appellee is entitled to recover, because, for the reasons stated, and upon the authorities quoted in the opinion of the court, the property in controversy, on the dissolution of the marriage, reverted to the wife. But after carefully considering this question, and with every disposition to sustain the acts of a co-ordinate department of the government, I…
2Cases cited1 opinion
- Barber v. RootMassachusetts Supreme Judicial Court · 1813
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