White v. Wager
New York Supreme Court
THIS was an action for breach of a covenant contained in a deed; and was submitted to the court upon a statement of facts agreed upon by the parties.
1Opinion of the CourtMason, J.
At common law a deed of lands from the wife to her husband is void, and passes no title. (2 Kent’s Com. 129. Martin v. Martin, 1 Greenl. R. 394. 3 E. 63.) The only question presented for our adjudication in this case is whether the act of April 11, 1849, removes the disability of coverture under which the wife labors at common law, so far as to authorize her to convey her lands directly to her husband. This statute declares that any married female may take by inheritance, or by gift, grant, or devise or bequest, from any person other than her husband, and hold to her sole and separate use,…
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