Sherwood v. Sherwood
Supreme Court of Connecticut
Wkit of error, to reverse a decree of the superior court upon a bill in equity brought by the defendant in error, against the plaintiff in error, who was his wife.
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Wkit of error, to reverse a decree of the superior court upon a bill in equity brought by the defendant in error, against the plaintiff in error, who was his wife. The material allegations of the bill were as follows:— That on the 20th of January, 1858, he was lawfully married to the respondent, and had ever since faithfully performed all the duties incumbent upon him as her husband, and that he had never received or used any of her moneys or estate, nor demanded the rents or income thereof, until after the commencement by her of certain proceedings described; that the respondent, on the 31st…
1Opinion of the CourtButler, J.
With one exception the errors assigned upon the record are not manifest.
1. It is assigned for error in the first place that the facts alleged in the bill do not justify the decree, for that the dioses in action therein described, consisting of notes due and paya*12ble to the wife and owned by her at the time of the marriage^ did not vest in the husband as trustee.
It must be conceded that the bill is founded on a claim of title to such notes as trustee, and such title must appear ; that at common law no such title would accrue by force of the marriage; and that such title could not accrue to the…
2Cases cited1 opinion
- Lyon v. LyonSupreme Court of Connecticut · 1851
3Cited by12 opinions
- Brownson v. United StatesCourt of Appeals for the Eighth Circuit · 1929
- Tunno v. RobertSupreme Court of Florida · 1878
- Lawton v. HerrickSupreme Court of Connecticut · 1910
- German v. GermanSupreme Court of Connecticut · 1938
- Thresher v. DyerSupreme Court of Connecticut · 1897
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